
    No. 686
    HIGHLAND PARK v. KOHLER
    Ohio Appeals, Eighth District, Cuyahoga County
    May 28, 1923.
    No. 4887
    231. LANDLORD AND TENANT.
    Lease, construction of (232A) — Right to build benches to seat public, on ground around a club house.
    Attorneys — Woods, Lang & Eastman, for plaintifl G. W. Perry, for defendant.
   VICKERY, P. J.

Epitomized Opinion

The City of Cleveland leased to The Highland Park Golf Club Co. a club house and the ground upon which it was located and the necessary approaches thereto in one of the city’s parks. The offer to lease was upon specifications which provided that the public was to have the use of the restaurant anc the porch of the club house. The chairs placed b> the club on the porch bore the notice, “For use oi club members only.” There being no place for the public to sit down, the mayor built some henajes on the outer edge of the porch and on the gr^H| around the club house, for public use. This suit^raB brought by the club to restrain the city from these acts. The Common Pleas granted the prayer o: the petition and enjoined the city from putting seat: upon the porch and within a space of fifty feet aroum the club-house. The city appealed to this court Held:

Evidence of the specifications were admissible be cause the provisions therein were an inducement ti the city to grant the lease. The right to use tin dining-room carried with it the right to use and si down upon the porch. The injunction from buildin; benches within fifty feet around the club-house wa admittedly erroneous. Petition dismissed and in junction dissolved.

SULLIVAN, J., concurs.

LEVINE, J.

(dissenting):

The club is not entitled to an injunction from builc ing benches in the yard about the club-house, but i entitled to have the city restrained from buildin; benches on the porch. The city’s act in that respec constituted a trespass. If the club violated its agree ment to extend to the public the right of the porcl the city should resort to legal remedies instead o the use of force.  