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CLEVELAND CLINIC FOUND. v. BD. OF ZONING APPEALS

No. 98115.

2012 Ohio 6008

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: December 20, 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 Appellees.

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

JOURNAL ENTRY AND OPINION

ON RECONSIDERATION1

KENNETH A. ROCCO, J.

{¶1} Pursuant to App.R. 26(A)(1)(a), appellee, Cleveland Clinic Foundation ("the Clinic"), has filed an application for reconsideration of this court's decision in Cleveland Clinic Found. v. Bd. of Zoning Appeals, City of Cleveland, 8th Dist. No. 12 CA 98115, 2012-Ohio-4602. The Board of Zoning Appeals, City of Cleveland ("BZA...

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