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VONDERHAAR v. VILLAGE OF EVENDALE, OHIO

No. 18-3173.

906 F.3d 397 (2018)

Harold VONDERHAAR; Michael Lemen; Stiney Investments I, Ltd., aka Stiney Investments I, LLC; Stiney Investments III, Ltd., aka Stiney Investments III, LLC; Blue Park Place LLC, Plaintiffs-Appellees, v. VILLAGE OF EVENDALE, OHIO, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 5, 2018.

Attorney(s) appearing for the Case

ARGUED: Lawrence E. Barbiere , Katherine L. Barbiere , SCHROEDER, MAUNDRELL, BARBIERE & POWERS, Mason, Ohio, for Appellant. Brian R. Redden , BUECHNER HAFFER MEYERS & KOENIG, CO., L.P.A., Cincinnati, Ohio, for Appellees. ON BRIEF: Lawrence E. Barbiere , Katherine L. Barbiere , SCHROEDER, MAUNDRELL, BARBIERE & POWERS, Mason, Ohio, for Appellant.

Brian R. Redden , Robert J. Gehring , BUECHNER HAFFER MEYERS & KOENIG, CO., L.P.A., Cincinnati, Ohio, for Appellees.

Before: GIBBONS, SUTTON, and McKEAGUE, Circuit Judges.

OPINION

Advisory opinions are "ghosts that slay." Felix Frankfurter, A Note on Advisory Opinions, 37 Harv. L. Rev. 1002, 1008 (1924). When a party does not have standing to bring a constitutional challenge, he is essentially asking for an advisory opinion about the meaning of the Constitution—a phantom...

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