SCHENCK v. CITY OF HUDSON

No. 5:96-CV-1481.

997 F.Supp. 902 (1998)

Mark SCHENCK, et al., Plaintiffs, v. The CITY OF HUDSON, et al., Defendants.

United States District Court, N.D. Ohio, Eastern Division.

March 13, 1998.


Attorney(s) appearing for the Case

Nicholas T. George, Law Offices of Nicholas T. George & Associates, Akron, OH, John W. Solomon, Jay P. Porter, Brouse & McDowell, Akron, OH, Mark A. Ferguson, Taft, Stettinius & Hollister, Cleveland, OH, Timothy J. Grendell, Grendell & Targove, Independence, OH, for Plaintiffs.

Charles T. Riehl, III, Walter & Haverfield, Cleveland, OH, Amie L. Bruggeman, Charles E. Zumkehr, Breaden M. Douthett, Roetzel & Andress, Akron, OH, for City of Hudson, James Smith, Timothy J. Murphy, David D. Bashore, Jane Waterson, Barbara Berlin, John Krum, Dave McNiff, Rebecca Reagan, Harold Bayless.

Socrates H. Tuch, Office of the Attorney General, Health and Human Services Section, Columbus, OH, for Betty Montgomery.


MEMORANDUM OPINION AND ORDER

GWIN, District Judge.

On December 9, 1997, Defendants1 filed a motion for summary judgment [Doc. 70]. The defendants seek judgment as to plaintiffs' constitutional challenge to a zoning ordinance. The Court grants the motion for the reasons that follow.

I. PROCEDURAL BACKGROUND

The plaintiffs2 brought this action seeking preliminary and permanent injunctions...

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