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BENCIN v. BD. OF BLDG. & ZONING APPEALS

No. 92991.

2009 Ohio 5570

Edward Bencin, et al., Plaintiffs-Appellants, v. Board of Building & Zoning Appeals, Defendant-Appellee.

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

RELEASED: October 22, 2009.

Attorney(s) appearing for the Case

Benjamin J. Ockner, Sheldon Berns, Timothy J. Duff, Berns, Ockner & Greenberger, LLC, 3733 Park East Drive, Suite 200, Beachwood, Ohio 44122, Attorneys for Appellants.

Timothy G. Paluf, Law Director, City of Highland Heights, 5827 Highland Road, Highland Heights, Ohio 44143, Attorney for Appellee.

Before: Blackmon, J., McMonagle, P.J., and Boyle, J.

JOURNAL ENTRY AND OPINION

PATRICIA ANN BLACKMON, J.:

{¶ 1} Appellants Edward Bencin ("Bencin") and Michael Gottlieb ("Gottlieb") appeal the trial court's refusal to permit a de novo hearing regarding their argument that provisions in the Highland Heights' zoning code were unconstitutional as applied to their property. Bencin and Gottlieb assigned a single error for our review.1

{¶ 2}

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