CAPTAIN BUFFALO FOODS, INC. v. CLEVELAND

No. 92899.

2009 Ohio 5383

Captain Buffalo Foods, Inc., et al., Plaintiffs-Appellants, v. City of Cleveland, et al., Defendants-Appellees.

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

RELEASED: October 8, 2009.


Attorney(s) appearing for the Case

Richard H. Drucker, 700 West St. Clair Avenue, The Hoyt Block, Suite 214, Cleveland, Ohio 44113-1274, Attorney for Appellant.

Robert Triozzi, City of Cleveland Law Director, Carolyn M. Downey, Assistant Law Director, Room 106, City Hall, 601 Lakeside Avenue, Cleveland, Ohio 44114-1077, Attorneys for Appellees.

Before: Blackmon, J., Rocco, P.J., and Stewart, J.


JOURNAL ENTRY AND OPINION

PATRICIA ANN BLACKMON, J.

{¶ 1} Appellant Captain Buffalo Foods, Inc., et al. ("Captain Buffalo") appeals the trial court's decision affirming the City of Cleveland Board of Zoning Appeals' ("BZA") denial of his request for a variance. Captain Buffalo assigns the following error for our review:

"I. Whether the Doctrine of Res Judicata does not apply to the present case and the trial court abused its...

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