EJS PROPERTIES, LLC v. CITY OF TOLEDO

No. 10-4471.

698 F.3d 845 (2012)

EJS PROPERTIES, LLC, Plaintiff-Appellant, v. CITY OF TOLEDO; Robert McCloskey, an individual, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 5, 2012.

Rehearing and Rehearing En Banc Denied October 18, 2012.


Attorney(s) appearing for the Case

ARGUED: Timothy M. Rastello , Holland & Hart LLP, Denver, Colorado, for Appellant. Adam W. Loukx , City of Toledo Department of Law, Toledo, Ohio, Jay E. Feldstein , Kalniz, Iorio & Feldstein, Co., LPA, Toledo, Ohio, for Appellees. ON BRIEF: Timothy M. Rastello , Peter C. Houtsma , Holland & Hart LLP, Denver, Colorado, Cary Cooper , Cooper & Walinski, LPA, Toledo, Ohio, for Appellant. Adam W. Loukx , City of Toledo Department of Law, Toledo, Ohio, Jay E. Feldstein , Edward J. Stechschulte , Kalniz, Iorio & Feldstein, Co., LPA, Toledo, Ohio, for Appellees.

Before: MOORE, GIBBONS, and ALARCÓN, Circuit Judges.


OPINION

KAREN NELSON MOORE, Circuit Judge.

In 2002, EJS Properties, LLC ("EJS") wanted to build a charter school at a commercial site on the east side of Toledo. To do this, however, the site first needed to be re-zoned. After initial support for re-zoning from Robert McCloskey, the region's city council representative, McCloskey eventually changed his mind and the Toledo City Council voted against re-zoning...

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