CHERRY LANE DEVELOPMENT, LLC, et al., Plaintiffs-Appellants,
v.
WALNUT, C & DD, LLC, et al., Defendants-Appellees.
Court of Appeals of Ohio, Fifth District, Fairfield County.https://leagle.com/images/logo.png
August 3, 2012.
August 3, 2012.
Attorney(s) appearing for the Case
TODD D. PECHAR, DANIEL J. FRUTH, CHARLES M. ELSEA, Stebelton, Aranda & Snider, 109 N. Broad Street, Suite 200, Lancaster, Ohio 43130, For Plaintiffs-Appellants.
D. JOE GRIFFITH, CARRIE SNOKE LOTT, Dagger, Johnston, Miller, Ogilvie & Hampson, 144 East Main Street, P.O. Box 667, Lancaster, Ohio 43130, MICHAEL A. CYPHERT, Walter & Haverfield, LLP, The Tower at Erieview, 1301 East Ninth Street, Suite 3500, Cleveland, Ohio 44114-1821, For Defendants-Appellees Jerry, Mock, Barbara Mock, and Walnut C & DD, LLC.
STEVEN A. DAVIS, Crabbe, Brown & James, LLP, 111 South Broad Street, Suite 209, Lancaster, Ohio 43130, LAURA MACGREGOR COMEK, Crabbe, Brown & James, LLP, 500 South Front Street, Suite 1200, Columbus, Ohio 43215, For Defendants-Appellants Walnut Township, et al.
MICHAEL DEWINE, Attorney General of Ohio, ROBERT C. MOORMANN, Counsel of Record, NICHOLAS J. BRYAN, Assistant Attorneys General, 30 East Broad Street, 17th Floor, Columbus, Ohio 43215, For Amicus Curiae State of Ohio.
W. Scott Gwin, P.J., Sheila G. Farmer, J. and Julie A. Edwards, J.
Court of Appeals of Ohio, Fifth District, Fairfield County.
OPINION
EDWARDS, J.
{¶ 1} Appellants, Walnut Township, the Walnut Township Zoning Commission, Ralph Reeb, Ralph Zollinger, Allen Dupler, Pauline Ety and Walter Gabriel (collectively "Walnut Township") appeal a judgment of the Fairfield County Common Pleas Court finding Walnut Township Zoning Resolution 15-08 to be in conflict with Ohio law (Case No. 2011CA00046). Appellants Cherry Lane Development, LLC, Ronald DiPaolo and Irene Dipaolo...
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