Reid v. Architectural Board of Review of City of Cleveland Heights

Donna S. Reid (plaintiff) sought a permit to build a residence on a lot owned by Reid and her husband on North Park Boulevard in the City of Cleveland Heights, which was a primarily residential community. Buildings on North Park Boulevard were largely conventional residences about two-and-a-half stories in height. Reid sought to build a U-shaped structure winding through trees on her property, with a detached garage and various gardens and attached courts. A wall of the same height as the house was to surround the house, protecting the house from being viewed from the street. Reid’s permit application was referred to the Architectural Board of Review (the board), which was composed of three architects. The board denied the permit on the ground that the residence did not “maintain the high character of community development” as required by § 137.05 of the Codified Ordinances of Cleveland Heights, because (1) the residence did not aesthetically conform to the character of the houses in the area, (2) the residence might not look like a residence when viewed from the street, and (3) the residence was adjacent to homes and vacant lots with property values that might be affected. Reid appealed to the Court of Common Pleas of Cuyahoga County, which held that § 137.05 was a valid enactment under the city’s police power, the board had the authority to render the decision, the board did not abuse its discretion, and Reid received due process. Reid appealed.