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BROWN v. CITY OF UPPER ARLINGTON

No. 09-4396.

637 F.3d 668 (2011)

Mark BROWN, Plaintiff-Appellee, v. CITY OF UPPER ARLINGTON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 25, 2011.

Attorney(s) appearing for the Case

ARGUED: Brandi L. Dorgan , Isaac, Brant, Ledman & Teetor, LLP, Columbus, Ohio, for Appellant. Mark G. Kafantaris , Columbus, Ohio, for Appellee. ON BRIEF: Brandi L. Dorgan , Mark D. Landes , Isaac, Brant, Ledman & Teetor, LLP, Columbus, Ohio, Jeanine A. Hummer , Thomas K. Lindsey , City of Upper Arlington, Upper Arlington, Ohio, for Appellant. Mark G. Kafantaris, Columbus, Ohio, for Appellee.

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

OPINION

SUTTON, Circuit Judge.

A tree once grew in Upper Arlington. When the City decided to cut it down, the adjacent homeowner protested. First in front of the City's Tree Commission, then in state court, ultimately in federal court, the parties vied over the propriety of removing the tree and eventually over whether the courts should enjoin the City from moving ahead with its plans. Soon after the federal district court ruled in favor of the City, a group...

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