CITIZENS TO PRESERVE AGRICULTURE & GREEN SPACE, et al., Plaintiff-Appellants,
v.
CITY OF MIAMISBURG, et al., Defendant-Appellees.
Court of Appeals of Ohio, Second District, Montgomery County.https://leagle.com/images/logo.png
Rendered on February 24, 2012.
Rendered on February 24, 2012.
Attorney(s) appearing for the Case
DON A. LITTLE, Atty. Reg. #0022761, 7501 Paragon Road, Lower Level, Dayton, Ohio 45459, Attorney for Plaintiff-Appellants.
TERENCE L. FAGUE, Atty. Reg. #0018687, JOHN C. CHAMBERS, Atty. Reg. #0029681, and SASHA A.M. VanDeGRIFT, Coolidge Wall Co., L.P.A., 33 West First Street, Suite 600, Dayton, Ohio 45402, Attorney for Defendant-Appellee, Phoenix West, LLC.
K. PHILIP CALLAHAN, Atty. Reg. #0047324, Law Director, City of Miamisburg, 10 North First Street, Miamisburg, Ohio 45342, Attorney for Defendant-Appellee, City of Miamisburg.
Court of Appeals of Ohio, Second District, Montgomery County.
OPINION
FAIN, J.
{¶ 1} Appellant, Citizens To Preserve Agriculture and Green Space (Citizens) appeals from a judgment affirming the decision of the City of Miamisburg Planning Commission approving a land development special use application submitted by appellee, Phoenix West, L.L.C. (Phoenix). Citizens argues that the Planning Commission and the Montgomery County Court of Common Pleas, in determining whether Phoenix had reserved enough...
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