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SCHENCK v. CITY OF HUDSON VILLAGE

No. 5:96-CV-1481.

937 F.Supp. 679 (1996)

Mark SCHENCK, et al., Plaintiffs, v. CITY OF HUDSON VILLAGE, et al., Defendants.

United States District Court, N.D. Ohio, Eastern Division.

August 1, 1996.

Attorney(s) appearing for the Case

Mark A. Ferguson, Taft, Stettinius & Hollister, Columbus, OH, Nicholas T. George, Law Offices of Nicholas T. George & Associates, Akron, OH, John W. Solomon, Jay P. Porter, Brouse & McDowell, Akron, OH, Timothy J. Grendell, Taft, Stettinius & Hollister, Cleveland, OH, for Mark Schenck, Hudson Land Co., Ltd., L & V Equipment Rental, Inc., Hudson Builders, Inc., James Dagley, Elizabeth Dagley, Kevin Custer, Sharon Custer, Virginia Dinovi, Home Builders Association of Greater Akron.

Amie L. Bruggeman, Charles E. Zumkehr, Breaden M. Douthett, Roetzel & Andress, Akron, OH, for City of Hudson, James Smith, Timothy J. Murphy, David D. Bashore, Jane Waterson, Barbara Berlin, John Krum, Dave McNiff, Rebecca Reagan, Harold Bayless, Betty Montgomery.

MEMORANDUM OPINION

DOWD, District Judge.

I. INTRODUCTION

Plaintiffs challenge the constitutionality of a zoning ordinance enacted by the City of Hudson Village ("the City"), arguing primarily that the ordinance violates the substantive due process rights of certain developers and real property owners. The ordinance, which became effective May 1, 1996, places a limit on the amount of zoning certificates the City will issue annually...

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