BJS NO. 2, INC. v. CITY OF TROY, OHIO

No. C-3-98-50.

87 F.Supp.2d 800 (1999)

BJS NO. 2, INC., Plaintiff, v. The CITY OF TROY, OHIO, et al., Defendants.

United States District Court, S.D. Ohio, Western Division.

July 29, 1999.


Attorney(s) appearing for the Case

Henry Louis Sirkin, Laura A Abrams, Sirkin, Pinales, Mezibov & Schwartz — 1, Cincinnati, OH, for BJS No.2, Inc., an Ohio Corporation dba Total Xposure, plaintiffs.

William McGregor Dixon, Jr., Shipman, Dixon & Livingston Co., L.P.A., Troy, for Troy, City of Ohio, City Council of Troy, Ohio, Frank B Davis, In his official capacity as zoning administrator, City of Troy, W McGregor Dixon, Jr, In his official capacity as Law Director for the City of Troy, defendants.

George Demetrios Jonson, Montgomery, Rennie & Johnson — 1, Elizabeth Ann McCord, Cincinnati, OH, for Robert J Lindeman, In his official capacity as Judge, Court of Common Pleas, Miami County, OH, Montgomery Rennie & Jonson.


DECISION AND ENTRY SUSTAINING IN PART AND OVERRULING IN PART PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION (DOC. # 17); DEFENDANTS TO BE PRELIMINARILY ENJOINED FROM ENFORCING ORDINANCE PROVISIONS; BOND SET; TEMPORARY RESTRAINING ORDER SET ASIDE; CONFERENCE CALL SET TO DETERMINE FURTHER PROCEDURES

RICE, Chief Judge.

This matter comes before the Court upon the Plaintiff's Motion for a Preliminary Injunction (Doc. # 17). The Plaintiff seeks to enjoin the...

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