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LAKE POINTE CONSTR. CO., INC. v. AVON

No. 08CA009483.

182 Ohio App.3d 554 (2009)

2009-Ohio-2613

LAKE POINTE CONSTRUCTION COMPANY, INC. et al., Appellants, v. CITY OF AVON et al., Appellees.

Court of Appeals of Ohio, Ninth District, Lorain County.

Decided June 8, 2009.

Attorney(s) appearing for the Case

John P. Slagter and Anthony R. Vacanti, for appellants.

Richard D. Panza and Matthew W. Nakon; and John A. Gasior, for appellees.

WHITMORE, Judge.

{¶ 1} Plaintiffs-appellants, Lake Pointe Construction Company, Inc., and others ("Lake Pointe"), appeal from the judgment of the Lorain County Court of Common Pleas, granting summary judgment in favor of the city of Avon ("Avon") and Avon's Ohio City Council ("the council"). This court reverses.

I

{¶ 2} This appeal stems from Lake Pointe's attempt to have 22.7 acres of its property rezoned. In...

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