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TRIOMPHE INVESTORS v. CITY OF NORTHWOOD

No. 93-4272.

49 F.3d 198 (1995)

TRIOMPHE INVESTORS; James D. Haynes; Steven J. Linsenmeyer; and Jan Linsenmeyer, Plaintiffs-Appellants, v. CITY OF NORTHWOOD; James Crane; Patricia Belknap; John Melnyk; Raymond Lark; and John E. Blair, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided March 7, 1995.

Attorney(s) appearing for the Case

Ralph DeNune, III (argued and briefed), DeNune & Killam, Sylvania, OH, for plaintiffs-appellants.

Jack Zouhary, Matthew D. Harper (argued and briefed), Robison, Curphey & O'Connell, Toledo, OH, for defendants-appellees.

Before: BROWN, KENNEDY, and SILER, Circuit Judges.

KENNEDY, Circuit Judge.

Triomphe Investors, an Ohio general partnership, and its individual partners (collectively "Triomphe"), appeal the District Court's grant of summary judgment on its substantive due process claim. The City of Northwood, Ohio ("City") denied Triomphe a special use permit to build condominium units. Triomphe followed the state procedure for appealing this decision and was successful in obtaining the permit. By this time, however, Triomphe was...

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