JAYLIN INVESTMENTS, INC., APPELLANT,
v.
VILLAGE OF MORELAND HILLS, APPELLEE.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted June 15, 2005.
Decided January 11, 2006.
Attorney(s) appearing for the Case
Berns, Ockner & Greenberger, L.L.C., Sheldon Berns, and Benjamin J. Ockner, for appellant.
Leonard A. Spremulli and Santo T. Incorvaia, for appellee.
Byron & Byron Co., L.P.A., Barry M. Byron, and Stephen L. Byron, urging affirmance for amici curiae Ohio Municipal League and Cuyahoga County Law Directors Association.
Frost Brown Todd, L.L.C., Scott D. Phillips, and Matthew C. Blickensderfer, urging affirmance for amicus curiae village of Indian Hill.
David M. Benjamin, Solon City Law Director, urging affirmance for amicus curiae city of Solon, Ohio.
Walter & Haverfield, L.L.P., R. Todd Hunt, and Frederick W. Whatley, urging affirmance for amici curiae Chagrin River Watershed Partners, Inc. and Cuyahoga Soil and Water Conservation District.
McDonald Hopkins Co., L.P.A., Michael W. Wise, and Richard W. Cline, Shumaker, Loop & Kendrick, L.L.P., and Louis E. Tosi, Aronoff, Rosen & Hunt, Stanley J. Aronoff, and Richard A. Paolo, Keating, Muething & Klekamp, P.L.L., Joseph L. Trauth Jr., and Thomas M. Tepe Jr., urging reversal for amici curiae Associated Estates Realty Corporation, First Interstate Properties, Ltd., Forest City Enterprises, Inc., Goldberg Companies, Inc., Home Builders Association of Greater Cincinnati, Home Builders Association of Greater Cleveland, Home Builders Association of Greater Toledo, Ohio Home Builders Association, Inc., and Visconsi Companies, Ltd.
Supreme Court of Ohio.
LUNDBERG STRATTON, J.
{¶ 1} This is an appeal from an action seeking a declaratory judgment that a zoning ordinance, as applied to a landowner's proposed use of property, is unconstitutional. Specifically, the question before us involves the extent to which a court's analysis must focus on the owner's proposed use of the property that is prohibited by the zoning regulation.
{¶ 2} We hold that, in a constitutional...
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