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FOUR SEASONS APARTMENT v. CITY OF MAYFIELD HEIGHTS

No. 84-3547.

775 F.2d 150 (1985)

FOUR SEASONS APARTMENT, Plaintiff, Norman Milstein; Leonard Fuchs, Plaintiffs-Appellants, v. CITY OF MAYFIELD HEIGHTS, OHIO, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 21, 1985.

Attorney(s) appearing for the Case

Sheldon Berns (argued), Kahn, Kleinman, Yanowitz & Arnson Co., L.P.A., Robert J. Valerian, Adrienne C. Lalak, Cleveland, Ohio, for plaintiffs-appellants.

Jules N. Koach, C. Reynolds Keller (argued), Weston, Hurd, Fallon, Paisley & Howley, Cleveland, Ohio, for defendant-appellee.

Before LIVELY, Chief Judge, MERRITT and JONES, Circuit Judges.

MERRITT, Circuit Judge.

In this section 1983 case claiming both a taking of property without just compensation in violation of the Fifth Amendment and a deprivation of property without procedural due process in violation of the Fourteenth Amendment, plaintiffs-appellants, who are apartment developers, sue the defendant municipality and defendant city officials because they rescinded an apartment building permit originally issued in January 1974. Plaintiffs did not...

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