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STATE EX REL. DEMALINE v. CUYAHOGA CTY. BD. OF ELECTIONS

No. 00-1793.

90 Ohio St.3d 523 (2000)

THE STATE EX REL. DEMALINE ET AL. v. CUYAHOGA CTY. BD. OF ELECTIONS ET AL.

Supreme Court of Ohio.

Decided November 2, 2000.

Attorney(s) appearing for the Case

Kelley, McCann & Livingstone, L.L.P., Stephen M. O'Bryan, Thomas J. Lee and Timothy J. Duff; Brunner, Kirby & Jeffries Co., L.P.A., Jennifer L. Brunner and Edwin L. Kirby, Jr., for relators.

William D. Mason, Cuyahoga County Prosecuting Attorney, and Reno J. Oradini, Assistant Prosecuting Attorney, for respondent Cuyahoga County Board of Elections.

Betty D. Montgomery, Attorney General, Arthur J. Marziale, Jr., Darrell M. Pierre, Jr., and David S. Timms, Assistant Attorneys General, for respondent Secretary of State.

Donald J. McTigue; Chester, Willcox & Saxbe, J. Craig Wright and John J. Chester; Jones, Day, Reavis & Pogue, Zachary T. Paris and Randall A. Cole, for intervening respondent, Crocker Park, L.L.C.

Per Curiam.

In order to develop a seventy-five-acre parcel of land it owns in the city of Westlake, intervening respondent, Crocker Park, L.L.C. ("Crocker"), applied to rezone its property from its present zoning classifications to Planned Unit Development District.

On July 20, 2000, the Westlake City Council enacted Ordinance No. 2000-68, which rezoned the Crocker property from Single-Family District, Multi-Family District, and Planned...

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