NOE BIXBY RD. NEIGHBORS v. COLUMBUS CITY COUNCIL

Nos. 02AP-463 and 02AP-464.

150 Ohio App.3d 305 (2002)

2002-Ohio-6453

NOE BIXBY ROAD NEIGHBORS, Appellant, v. COLUMBUS CITY COUNCIL, City of Columbus, et al., Appellees.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided November 26, 2002.


Attorney(s) appearing for the Case

Porter, Wright, Morris & Arthur, LLP, J. Jeffrey McNealey and Michael E. McCarty, for appellant.

Janet E. Jackson, City Attorney, Stephen L. McIntosh, City Prosecutor, and Keith S. Mesirow, Assistant City Prosecutor, for appellee city of Columbus.

Smith & Hale and Harrison W. Smith Jr., for appellee Maryhaven, Inc.


DESHLER, Judge.

{¶ 1} Appellant, Noe Bixby Road Neighbors, appeals from a March 2002 decision and entry by the Franklin County Court of Common Pleas that granted a motion to dismiss by appellee, the Columbus City Council, and denied appellant's motion for a de novo hearing. The matter arose out of a decision by the Columbus City Council, which, over the objection of appellant, granted a use variance to appellee Maryhaven, Inc., for a proposed residential facility...

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