Legal Opinion · Dissent

Copley Township Board of Trustees v. W.J. Horvath Co.

Ohio Court of Appeals

Decided March 16, 2011No. 25342Published

1DissentCarr, Judge

{¶ 20} I respectfully dissent. I would sustain appellant’s assignment of error because the injunction issued as a consequence of appellant’s contempt is overly broad and unreasonable.

{¶21} Appellant argues on appeal that the injunction was unreasonable because it prohibited him from operating any business on the property. I agree. The township complaint sought to enjoin appellant from operating a mulch business in violation of the zoning code. A mutually agreed upon injunction placed specific restraints on how appellant operated his mulch business. “Equity requires that an injunction should…

2Cases cited11 opinions

  1. Brown v. Executive 200, Inc.Ohio Supreme Court · 1980
  2. State v. KilbaneOhio Supreme Court · 1980
  3. City of Cincinnati v. Cincinnati District Council 51Ohio Supreme Court · 1973
  4. Eastwood Mall, Inc. v. SlancoOhio Supreme Court · 1994
  5. Zakany v. ZakanyOhio Supreme Court · 1984

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