The Eighth District Court of Appeals held that the Mayfield Heights City Charter did not give the mayor the authority to veto the City Councils' decision to allow a hair salon to operate in a U-4-B zoning area. The Court of Appeals held that the City Charter only gave veto authority over an ordinance or resolution, not an administrative action. Additionally, there was no reliable, probative or substantial evidence to support that the use was not permitted. Judge Christine McMonagle dissented, finding that Council passed a resolution to allow the particular use, so the mayor did have veto authority. The dissenting opinion also stated that evidence existed to prove that the hair salon was not a permitted use. The salon fell under the definition of a retail shop, even if no products were sold. C.R. Green L.P. v. City of Mayfield Heights, Cuyahoga App. No. 85853, 2005-Ohio-6359.
