HOME BUILDERS ASSOCIATION OF DAYTON & the MIAMI VALLEY et al., Appellees and Cross-Appellants;
Time Warner Cable, Division of Time Warner Entertainment Company, L.P., Appellee,
v.
CITY OF LEBANON et al., Appellants and Cross-Appellees.
Court of Appeals of Ohio, Twelfth District, Warren County.https://leagle.com/images/logo.png
Decided February 13, 2006.
Decided February 13, 2006.
Attorney(s) appearing for the Case
McNamee & McNamee, P.L.L., Michael P. McNamee, and Cynthia P. McNamee, for appellees and cross-appellants Home Builders Association of Dayton & the Miami Valley, Oberer Residential Construction, Ltd., Design Homes & Development Co., and Design Properties VIII, Ltd.
Aronoff, Rosen & Hunt and Richard A. Paolo, for appellees and cross-appellants Home Builders Association of Greater Cincinnati, Drees Company, M/I Schottenstein Homes, Inc., and Crossman Communities, Inc.
Ulmer & Berne L.L.P., and Donald J. Mooney Jr., for appellee Time Warner Cable.
Dinsmore & Shohl L.L.P., James A. Comodeca, Alan H. Abes, Mark S. Yurick, and Amy Ball, for appellants and cross-appellees city of Lebanon, City Council of City of Lebanon, Pat Clements, and James Baldwin.
Court of Appeals of Ohio, Twelfth District, Warren County.
POWELL, Presiding Judge.
{¶ 1} Defendant-appellant and cross-appellee, the city of Lebanon, appeals the decision of the Warren County Court of Common Pleas finding unconstitutional the city's ordinance requiring that all newly constructed commercial and residential units be connected to the city's broadband telecommunications system. We affirm the common pleas court's decision.
{¶ 2} In 1997, the city of Lebanon decided...
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