Cleveland Botanical Garden v. Drewien

Citations

• 153 N.E.3d 700
• 2020 Ohio 1278

Syllabus

Deed restriction parks restrictive covenant fence Marketable Title Act discovery in camera privilege log. Trial court properly concluded that Botanical Garden's use and operation of facility and underground parking structure did not violate park use restriction in 1882 deed court properly found that charging admission for some displays and for parking does not violate the portion of the deed requiring parcel to be open at all times to the public fence provision was a restrictive covenant but was enforceable by grantor's heirs trial court erred in concluding that heirs' claimed interests were extinguished by the Marketable Title Act trial court did not err in considering common interest and work product privilege claims in an in camera hearing.