FIRST FLOOR LIVING LLC v. CITY OF CLEVELAND, OHIO

Nos. 22-3216/3217.

83 F.4th 445 (2023)

FIRST FLOOR LIVING LLC (22-3216); Lush Designs, LLC (22-3217), Plaintiffs-Appellants, v. CITY OF CLEVELAND, OHIO; Laster LLC; Baumann Enterprises, Inc.; Cuyahoga County Land Reutilization Corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 28, 2023.


Attorney(s) appearing for the Case

ARGUED: Justin D. Stevenson , BOWER STEVENSON LLC, Cleveland, Ohio, for Appellants. Elena N. Boop , CITY OF CLEVELAND, Cleveland, Ohio, for Appellee City of Cleveland. Matthew P. Baringer , DAVIS & YOUNG, Willoughby Hills, Ohio, for Appellee Laster LLC. Richard C.O. Rezie , GALLAGHER SHARP LLP, Cleveland, Ohio, for Appellee Baumann Enterprises. Alayna K. Bridgett , HAHN LOESER & PARKS, LLP, Cleveland, Ohio, for Appellee Cuyahoga County Land Reutilization Corporation. ON BRIEF: Justin D. Stevenson, BOWER STEVENSON LLC, Cleveland, Ohio, for Appellants. Elena N. Boop, Nathaniel Hall, CITY OF CLEVELAND, Cleveland, Ohio, for Appellee City of Cleveland. Matthew P. Baringer, DAVIS & YOUNG, Willoughby Hills, Ohio, for Appellee Laster LLC. Phil Eckenrode, HAHN LOESER & PARKS, LLP, Cleveland, Ohio, for Appellee Cuyahoga County Land Reutilization Corporation. Robert P. Lynch, Jr., GALLAGHER SHARP LLP, Cleveland, Ohio, for Appellee Baumann Enterprises in case 22-3217 only.

SILER, J., delivered the opinion of the court in which GILMAN, J., joined. NALBANDIAN, J. (pp. 458-59), delivered a separate opinion concurring in part and dissenting in part.


OPINION

In 2018, First Floor Living, LLC ("First Floor") and Lush Designs, LLC ("Lush Designs") (collectively "Plaintiffs") each purchased real estate parcels in Cleveland for the purpose of rehabilitating and redeveloping the properties. First Floor's property was located at 4400 Warner Road, and Lush Designs' property...

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