MILLER v. CITY OF WICKLIFFE, OHIO

No. 16-3052/3053.

852 F.3d 497 (2017)

Dan MILLER, Suede Nights, LLC, Joseph Cirino, and Spot 82, LLC (16-3052); Julious Mosley and Mosley Motel of Cleveland, Inc. (16-3053), Plaintiffs-Appellants, v. CITY OF WICKLIFFE, OHIO, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 23, 2017.


Attorney(s) appearing for the Case

ARGUED: Jay F. Crook , SHRYOCK, CROOK & ASSOCIATES, L.L.P., Wickliffe, Ohio, for Appellants in 16-3052 and 16-3053. John D. Latchney , O'TOOLE, MCLAUGHLIN, DOOLEY & PECORA, CO. LPA, Sheffield Village, Ohio, for Appellee. ON BRIEF: Jay F. Crook , SHRYOCK, CROOK & ASSOCIATES, L.L.P., Wickliffe, Ohio, for Appellants in 16-3052 and 16-3053. Nick C. Tomino , O'TOOLE, MCLAUGHLIN, DOOLEY & PECORA, CO. LPA, Sheffield Village, Ohio, for Appellee.

GIBBONS, J., delivered the opinion of the court in which NORRIS, J., joined, and ROGERS, J., joined in the result. ROGERS, J. (pp. 507-08), delivered a separate concurring opinion.


OPINION

Plaintiffs-appellants Dan Miller, Joseph Cirino, Julious Mosley, and their respective businesses — Suede Nights, Spot 82, and the Mosley Motel — appeal the district court's summary-judgment orders in favor of defendant Wickliffe, Ohio. Appellants allege that the city violated their...

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