Ohio Court of Appeals May 9, 1997, No. OT-96-053. (Schafer v. Deszcz)

Melvin L. Resnick, Presiding Judge.

This is an appeal from the trial court’s grant of appellees’ motion for summary judgment. The Ottawa County Court of Common Pleas found that a deed restriction involving the right of first refusal violated the rule against perpetuities, as codified in R.C. 2131.08.

In 1994, appellees, James P. and Judith A. Schafer, Michael J. and Lisa A. Schafer, and Scott P.