CLEVELAND CLINIC FOUND. v. BD. OF ZONING APPEALS

No. 98115.

2012 Ohio 4602

CLEVELAND CLINIC FOUNDATION, ET AL., PLAINTIFFS-APPELLEES, v. BOARD OF ZONING APPEALS, CITY OF CLEVELAND, DEFENDANT-APPELLANT.

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

Released and Journalized: October 4, 2012.


Attorney(s) appearing for the Case

Barbara Langhenry , Interim Director of Law, Carolyn M. Downey , Assistant Law Director, City of Cleveland, 601 Lakeside Avenue, Room 106, Cleveland, OH 44114, Attorneys for Appellant.

Sheldon Berns , Timothy J. Duff , Gary F. Werner , Berns, Ockner & Greenberger, 3733 Park East Drive, Suite 200, Beachwood, OH 44122, David Sherriff , The Cleveland Clinic Foundation, 3050 Science Park Drive AC/321, Beachwood, OH 44122, Attorneys for Appellee.

BEFORE: Rocco, J., Boyle, P.J., and Sweeney, J.


JOURNAL ENTRY AND OPINION

KENNETH A. ROCCO, J.

{¶1} In this administrative appeal involving Cleveland's Zoning Code and a proposed helipad, the defendant-appellant Board of Zoning Appeals, City of Cleveland ("BZA") appeals the trial court's final judgment in favor of plaintiff-appellee Cleveland Clinic Foundation ("Clinic"). We conclude that the trial court abused its discretion in reversing the BZA's decision, and so we reverse the trial...

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