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CLEVELAND v. FAIRVIEW PARK

No. 55898.

65 Ohio App.3d 85 (1989)

CITY OF CLEVELAND, Appellant, v. CITY OF FAIRVIEW PARK et al., Appellees.

Court of Appeals of Ohio, Cuyahoga County.

Decided October 17, 1989.

Attorney(s) appearing for the Case

Marilyn G. Zack, Director of Law, Heather Graham-Oliver and Catherine J. Janik, Assistant Directors of Law, for appellant.

McNeal, Schick, Archibald & Biro Co., L.P.A., and Donald F. Black, for appellant.

Thomas O'Malley Law Director, for appellee Fairview Park.

Baker & Hostetler, Gary L. Bryenton, Paul P. Eyre, and Thomas R. Lucchesi, for appellees Petitioning Landowners of Riveredge Township.

ANN MCMANAMON, Chief Justice.

The city of Cleveland ("Cleveland") unsuccessfully sought a declaration in the trial court that the city of Fairview Park ("Fairview") passed Ordinance No. 88-7 in contravention of a court order prohibiting such action and in violation of a promise, stipulated in court, by Fairview. Cleveland now presents a timely appeal citing two assignments of error.

Cleveland essentially argues that Fairview Ordinance No. 88-7 is void because...

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