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LAND DEV. MGT., LLC v. CITY OF LANCASTER

No. 11-CA-47.

2012 Ohio 3136

LAND DEVELOPMENT MANAGEMENT, LLC, Plaintiff-Appellant, v. CITY OF LANCASTER, OHIO, Defendant-Appellee.

Court of Appeals of Ohio, Fifth District, Fairfield County.

July 9, 2012.

Attorney(s) appearing for the Case

RAY R. MICHALSKI, 222 South Broad Street, Lancaster, OH 43130, for Plaintiff-Appellant.

LAURA MACGREGOR COMEK, 5000 South Front Street, Suite 1200, Columbus, OH 43215, RANDALL T. ULLOM, 123 East Chestnut Street, P.O. Box 1008, Lancaster, OH 43130, for Defendant-Appellee.

William B. Hoffman, P.J., Sheila G. Farmer, J. and John W. Wise, J., Judges.

OPINION

FARMER, J.

{¶1} On October 29, 2010, appellant, Land Development Management, LLC, filed a declaratory judgment action against appellee, city of Lancaster, Ohio, challenging the constitutionality of a zoning classification as applied to appellant's property. The property was zoned as a Commercial Neighborhood District (hereinafter "CN") and prohibited an automobile sales and servicing business which appellant's potential tenant desired to open...

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