Alsenas v. City of Brecksville

This is a declaratory judgment action seeking to have the zoning ordinances of the city of Brecksville declared unconstitutional as applied to certain parcels of land which plaintiff-appellee has options to buy, conditioned on the outcome of this litigation. The trial court granted the relief sought. The defendants have brought the case to this court on appeal.

The parties agree that the land in question is of extremely uneven topography. It is presently zoned “Class A” with a minimum sublot restriction, of 100 feet by 200 feet or 20,000 square foot area. The gravamen of appellee’s case is, as…