DEMBIE v. CLEVELAND

No. 90432.

2008 Ohio 3971

John Dembie, et al., Plaintiffs-Appellants, v. City of Cleveland, et al., Defendants-Appellees.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: August 7, 2008.


Attorney(s) appearing for the Case

Timothy Hess, T. Hess & Associates, 15614 Detroit Avenue, Suite 7, Lakewood, OH 44107, Attorney for Appellants.

Timothy Whitford, Ritzler, Coughlin & Swansinger, Ltd., 1360 East Ninth Street, 1000 IMG Center, Cleveland, OH 44114, Edward Icove, Terminal Tower, Suite 627, 50 Public Square, Cleveland, OH 44113, Attorneys for Rebecca Riker, Dba the Mutt Hutt, Appellee.

Robert J. Triozzi, Director of Law, City of Cleveland, 601 Lakeside Avenue, Room 106, Cleveland, OH 44114, Attorney for City of Cleveland and Board of Zoning Appeals, Appellees.

Before: Stewart, J., Cooney, P.J., and Gallagher, J.


JOURNAL ENTRY AND OPINION

MELODY J. STEWART, J.:

{¶ 1} Appellants John and Linda Dembie appeal from an order by the court of common pleas that affirmed a Cleveland Board of Zoning Appeals decision to grant a variance to appellee Rebecca Riker and her business, The Mutt Hutt. The Dembies maintain that the court erred by refusing to consider additional evidence on appeal from the board and that its affirmance of the board's decision was unsupported...

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