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TARRIFY PROPERTIES, LLC v. CUYAHOGA COUNTY, OHIO

No. 21-3801.

37 F.4th 1101 (2022)

TARRIFY PROPERTIES, LLC, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. CUYAHOGA COUNTY, OHIO, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 14, 2022.

Attorney(s) appearing for the Case

ARGUED: Matthew C. De Re , ZIMMERMAN LAW OFFICES, P.C., Chicago, Illinois, for Appellant. Stephen W. Funk , ROETZEL & ANDRESS, LPA, Akron, Ohio, for Appellee. ON BRIEF: Marc E. Dann , DANN LAW, Lakewood, Ohio, Thomas A. Zimmerman Jr. , ZIMMERMAN LAW OFFICES, P.C., Chicago, Illinois, for Appellant. Stephen W. Funk , ROETZEL & ANDRESS, LPA, Akron, Ohio, for Appellee. Matthew P. Yourkvitch , YOURKVITCH & DIBO, LLC, Cleveland, Ohio, for Amici Curiae.

Before: SUTTON, Chief Judge; COLE and DONALD, Circuit Judges.

OPINION

At stake is whether the district court correctly refused to certify a class of owners of foreclosed properties in Cuyahoga County, Ohio, all of whom challenge Ohio's tax-foreclosure statute as a taking under the federal and state constitutions. While the claimants share a common legal theory —that the...

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