LOFINO'S, INC. v. BEAVERCREEK CITY COUNCIL

C.A. Case No. 2008 CA 61.

2009 Ohio 4404

Lofino's, Inc., et al., Plaintiffs-Appellants, v. City of Beavercreek, Ohio City Council, et al., Defendants-Appellees,

Court of Appeals of Ohio, Greene County.

Rendered on August 28, 2009.


Attorney(s) appearing for the Case

Timothy M. Burke, Atty. Reg. No. 0009189 and Daniel J. McCarthy, Atty. Reg. No. 0078388, 225 West Court Street, Cincinnati, Ohio 45202, Attorneys for Plaintiff-Appellant Lofino Foods, Inc.

Stephen M. McHugh, Atty. Reg. No. 0018788 and Amelia N. Blankenship, Atty. Reg. No. 0082254, 1700 One Dayton Centre, 1 South Main Street, Dayton, Ohio 45402, Attorneys for Defendant-Appellee City of Beavercreek, Ohio, City Council.

Joseph L. Trauth, Jr., Atty. Reg. No. 0021803 and Thomas M. Tepe, Jr., Atty. Reg. No. 0071313, One East Fourth Street, Suite 1400, Cincinnati, Ohio 45202, Attorneys for Defendant-Appellee Wal-Mart Stores, Inc.


OPINION

FRENCH, J. (by assignment).

{¶ 1} Appellants-appellants, Lofino's, Inc., Michael D. Lofino, and Michael D. Lofino, Trustee ("appellants"), appeal the judgment of the Greene County Court of Common Pleas, which dismissed appellants' administrative appeal for lack of standing. Because we conclude that appellants did not present evidence that they are directly affected by the administrative decision at issue,...

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