TRAFALGAR CORP. v. MIAMI COUNTY BD. OF COM'RS

No. 06-3578.

519 F.3d 285 (2008)

TRAFALGAR CORPORATION; Bruce Geisinger; and Mark Geisinger, Plaintiffs-Appellants, v. MIAMI COUNTY BOARD OF COMMISSIONERS and Concord Township, Miami County, Ohio, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 3, 2008.


Attorney(s) appearing for the Case

ARGUED: Michael P. McNamee, McNamee & McNamee, Beavercreek, Ohio, for Appellants. Robert J. Surdyk, Surdyk Dowd & Turner, Dayton, Ohio, Steven G. LaForge, Isaac, Brant, Ledman & Teetor, Columbus, Ohio, for Appellees. ON BRIEF: Michael P. McNamee, Gregory B. O'Connor, McNamee & McNamee, Beavercreek, Ohio, for Appellants. Robert J. Surdyk, Kevin Lantz, Surdyk Dowd & Turner, Dayton, Ohio, Steven G. LaForge, Jeffrey A. Stankunas, Brandi L. Dorgan, Isaac, Brant, Ledman & Teetor, Columbus, Ohio, for Appellees.

Before: BOGGS, Chief Judge; MARTIN and SUTTON, Circuit Judges.


OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Trafalgar Corporation sought a federal court determination of its constitutional takings and equal protection claims against the Miami County Board of Commissioners and Concord Township. The district court dismissed the case on a motion for summary judgment finding that Trafalgar's claims were barred by principles of preclusion. For the following reasons we AFFIRM the decision of the district court...

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