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RICE v. VILLAGE OF JOHNSTOWN, OHIO

No. 21-3268.

30 F.4th 584 (2022)

Andrew L. RICE; Mary Neda Ann Shaub; Parker Family Trust; Wilcox Communities, LLC; Wilcox Investment Group, LLC, Plaintiffs-Appellants, v. VILLAGE OF JOHNSTOWN, OHIO, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 8, 2022.

Attorney(s) appearing for the Case

ARGUED: Matthew S. Zeiger , ZEIGER, TIGGES & LITTLE LLP, Columbus, Ohio, for Appellants. Yazan S. Ashrawi , FROST BROWN TODD LLC, Columbus, Ohio, for Appellee. ON BRIEF: Matthew S. Zeiger , Marion H. Little, Jr. , Kris Banvard , ZEIGER, TIGGES & LITTLE LLP, Columbus, Ohio, for Appellants. Yazan S. Ashrawi , Jeremy M. Grayem , FROST BROWN TODD LLC, Columbus, Ohio, for Appellee.

LARSEN, J., delivered the opinion of the court in which SUTTON, C.J., joined. BATCHELDER, J. (pp. 15-27), delivered a separate opinion concurring in part and dissenting in part.

OPINION

The Rice family devised a two-part plan to annex their eighty-acre farm into the Village of Johnstown and have it zoned for a residential development. But it was not to be. After working for eighteen months with various Johnstown officials, the Johnstown Planning and Zoning Commission (P&Z Commission...

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