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BLUE HERON NURSERIES, L.L.C. v. FUNK

No. 24745.

186 Ohio App.3d 769 (2010)

2010-Ohio-876

BLUE HERON NURSERIES, L.L.C., et al., Appellees, v. FUNK et al., Appellants.

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

Decided March 10, 2010.

Attorney(s) appearing for the Case

Leland D. Cole, for appellees.

Todd M. Raskin, John T. McLandrich, and Frank H. Scialdone; and Robert G. Konstand, for appellants.

CARR, Presiding Judge.

{¶ 1} Appellants, William Funk and Bath Township, appeal the judgment of the Summit County Court of Common Pleas. This court reverses.

I

{¶ 2} On June 22, 2007, appellees, Blue Heron Nurseries, L.L.C., and Hortpro, Inc. ("Blue Heron"), filed a motion seeking declaratory judgment and injunctive relief against appellants, William Funk and Bath Township ("the township"). Blue Heron specifically...

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