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BEAVER STREET INVESTMENTS v. SUMMIT COUNTY, OHIO

No. 22-3600.

65 F.4th 822 (2023)

BEAVER STREET INVESTMENTS, LLC, Plaintiff-Appellant, v. SUMMIT COUNTY, OHIO, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 21, 2023.

Attorney(s) appearing for the Case

ARGUED: Warner D. Mendenhall , MENDENHALL LAW GROUP, Akron, Ohio, for Appellant. Stephen W. Funk , ROETZEL & ANDRESS, LPA, Akron, Ohio, for Appellee. ON BRIEF: Warner D. Mendenhall , John Pfleiderer , MENDENHALL LAW GROUP, Akron, Ohio, for Appellant. Stephen W. Funk , Grant McLeod , ROETZEL & ANDRESS, LPA, Akron, Ohio, for Appellee.

CLAY, J., delivered the opinion of the court in which STRANCH, J., joined. McKEAGUE, J. (pp. 828-30), delivered a separate dissenting opinion.

OPINION

Plaintiff Beaver Street Investments, LLC ("BSI") commenced this action under 42 U.S.C. § 1983, alleging that Defendant Summit County, Ohio ("County") violated the Fifth Amendment's Takings Clause. The district court granted the County's motion to dismiss, holding that BSI's complaint was barred by the...

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