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CITY OF NORWOOD v. BURTON

No. 2005-2314.

110 Ohio St.3d 416 (2006)

2006-Ohio-4554

CITY OF NORWOOD, APPELLEE, v. BURTON ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided September 6, 2006.

Attorney(s) appearing for the Case

Manley Burke, L.P.A., Timothy M. Burke, Gary E. Powell, and Daniel J. McCarthy; and Rick G. Gibson, City of Norwood Law Director, and Theodore E. Kiser, Assistant Law Director, for appellee city of Norwood.

Wood & Lamping, L.L.P., and Robert P. Malloy; and Institute for Justice, Dana Berliner, Scott G. Bullock, William H. Mellor, Robert W. Gall, and David Roland, for appellants.

Dinsmore & Shohl, L.L.P., Mark A. Vander Laan, Lawrence R. Elleman, Bryan E. Pacheco, and Richard B. Tranter, for appellee Rookwood Partners, Ltd.

{¶ 1} The judgment of the court of appeals is reversed on the authority of Norwood v. Horney, 110 Ohio St.3d 353, 2006-Ohio-3799, 853 N.E.2d 1115.

MOYER, C.J., PFEIFER, LUNDBERG STRATTON, O'CONNOR, O'DONNELL and LANZINGER, JJ., concur.

RESNICK, J., not...

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