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BLDG. INDUSTRY ASSN. OF CLEVELAND & SUBURBAN CTYS. v. CITY OF WESTLAKE

No. 67205.

103 Ohio App.3d 546 (1995)

BUILDING INDUSTRY ASSOCIATION OF CLEVELAND AND SUBURBAN COUNTIES, Appellee, v. CITY OF WESTLAKE et al., Appellants.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Decided May 22, 1995.

Attorney(s) appearing for the Case

Grendell & Marrer Co., L.P.A., and Timothy J. Grendell, for appellee.

Rademaker, Matty, McClelland & Greve, Robert C. McClelland and Bryan P. O'Malley, for appellants.

JAMES D. SWEENEY, Presiding Judge.

Defendant-appellant city of Westlake, Ohio appeals from the trial court's granting summary judgment in favor of plaintiff-appellee Building Industry Association of Cleveland and Suburban Counties ("BIA") in this declaratory judgment action with respect to the constitutionality of Westlake Codified Ordinance No. 1990-166, an ordinance adopted on February 7, 1991, and which established an impact fee upon new residential, commercial...

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