WEDGEWOOD LTD. PARTNERSHIP v. TOWNSHIP OF LIBERTY

No. 08-4446.

610 F.3d 340 (2010)

WEDGEWOOD LIMITED PARTNERSHIP I, Plaintiff-Appellee, v. TOWNSHIP OF LIBERTY, OHIO; Board of Trustees of Liberty Township; Robert Mann, Peggy Guzzo, and Curt Sybert, in their official capacities as Liberty Township Trustees; and Holly C. Foust, in her official capacity as Liberty Township Zoning Inspector, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 28, 2010.


Attorney(s) appearing for the Case

ARGUED: Michael W. Currie, Thompson Hine LLP, Columbus, Ohio, for Appellants. Joseph R. Miller, Vorys, Sater, Seymour and Pease LLP, Columbus, Ohio, for Appellee. ON BRIEF: Michael W. Currie, Scott A. Campbell, O. Judson Scheaf, III, Michele L. Noble, Thompson Hine LLP, Columbus, Ohio, Lawrence E. Barbiere, Schroeder, Maundrell, Barbiere & Powers, Mason, Ohio, for Appellants. Bruce L. Ingram, Vorys, Sater, Seymour and Pease LLP, Columbus, Ohio, for Appellee.

GRIFFIN, J., delivered the opinion of the court, in which KETHLEDGE, J., joined. CARR, D.J. (pp. 355-58), delivered a separate dissenting opinion.


OPINION

GRIFFIN, Circuit Judge.

Defendants Township of Liberty, Ohio, its Board of Trustees, and its zoning inspector (collectively the "Township") appeal the district court's order enjoining it from applying a set of zoning instructions against a parcel of property owned by plaintiff Wedgewood Limited Partnership I ("Wedgewood"). This dispute arose more than six years ago, when Wedgewood applied for a zoning certificate to develop a Wal-Mart Supercenter...

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