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CITY OF WESTERVILLE v. KUEHNERT

No. 87AP-207.

50 Ohio App. 3d 77 (1988)

CITY OF WESTERVILLE, APPELLEE, v. KUEHNERT ET AL., APPELLANTS.

Court of Appeals of Ohio, Franklin County.

Decided June 28, 1988.

Attorney(s) appearing for the Case

Metz, Bailey & Spicer, Roy E. Metz, Kenneth J. Spicer and Jeffrey D. Mackey, for appellee.

Grant D. Shoub and Karen S. Darby, for appellants Elizabeth Jean Kuehnert and Carl Kuehnert.

Poulos & Hunter and John G. Poulos, for appellant Myrtle Humphrey.

Catherine E. Huston, for intervening defendants-appellants.

Anthony J. Celebrezze, Jr., attorney general, and Timothy Mangan, for amicus curiae Ohio Department of Mental Retardation and Developmental Disabilities.

BOWMAN, J.

In August 1984, appellee, city of Westerville ("Westerville"), filed an action in the Franklin County Court of Common Pleas to enjoin and restrain appellants, Elizabeth and Carl Kuehnert ("the Kuehnerts"), and Myrtle Humphrey and her successor-in-interest Humphrey Homes, Inc. ("Humphrey"), from operating "foster family homes" as defined in R.C. 5123.19(A)(6) in an R-1, R-2 and Planned Neighborhood Development ("PND") zoning district in the city of Westerville...

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