STATE EX REL. 506 PHELPS HOLDINGS, LLC v. CINCINNATI UNION BETHEL

Appeal Nos. C-120461, C-120462, C-120474

2013 Ohio 388

STATE OF OHIO EX REL. 506 PHELPS HOLDINGS, LLC, STATE OF OHIO EX REL. THEA-1108168 WESTERN & SOUTHERN LIFE INSURANCE COMPANY, 506 PHELPS HOLDINGS, LLC, and THE WESTERN & SOUTHERN LIFE INSURANCE COMPANY, Plaintiffs-Relators-Appellees, v. CINCINNATI UNION BETHEL, Defendant-Respondent-Appellant, and AMIT B. GHOSH, P.E. CHIEF BUILDING OFFICIAL, et al., Defendants-Respondents, and ZONING BOARD OF APPEALS, CITY OF CINCINNATI, et al. Defendants. STATE OF OHIO EX REL. 506 PHELPS HOLDINGS, LLC, STATE OF OHIO EX REL. THEA-1108168 WESTERN & SOUTHERN LIFE INSURANCE COMPANY, 506 PHELPS HOLDINGS, LLC, and THE WESTERN & SOUTHERN LIFE INSURANCE COMPANY, Plaintiffs-Relators-Appellees, v. ANNA LOUISE INN, LIMITED PARTNERSHIP, and ANNA LOUISE INN GP, LLC, Defendants-Respondents-Appellants, and AMIT B. GHOSH, P.E. CHIEF BUILDING OFFICIAL, et al., Defendants-Respondents, and ZONING BOARD OF APPEALS, CITY OF CINCINNATI, et al., Defendants. STATE OF OHIO EX REL. 506 PHELPS HOLDINGS, LLC, STATE OF OHIO EX REL. THEA-1108168 WESTERN & SOUTHERN LIFE INSURANCE COMPANY, 506 PHELPS HOLDINGS, LLC, and THE WESTERN & SOUTHERN LIFE INSURANCE COMPANY, Plaintiffs-Relators-Appellees, v. CITY OF CINCINNATI, AMIT B. GHOSH, P.E. CHIEF BUILDING OFFICIAL, WUERSTLE, ZONING HEARING EXAMINER, Defendants-Respondents-Appellants, and ZONING BOARD OF APPEALS, CITY OF CINCINNATI, Defendant-Appellant, and HISTORIC CONSERVATION BOARD, et al., Defendants, and CINCINNATI UNION BETHEL, et al., Defendants-Respondents.

Court of Appeals of Ohio, First District, Hamilton County.

February 8, 2013.


Attorney(s) appearing for the Case

Barrett & Weber and C. Francis Barrett , and White Getgey & Meyer Co., L.P.A., and David P. Kamp , for Plaintiffs-Relators-Appellees State of Ohio ex rel. 506 Phelps Holdings, LLC, State of Ohio ex rel. Western & Southern Life Insurance Company, 506 Phelps Holdings., LLC, and The Western & Southern Life Insurance Company.

John P. Curp , City Solicitor, Terrance A. Nestor , Chief Counsel and Assistant City Solicitor, and Sean S. Suder , Assistant City Solicitor for Defendants-Respondents-Appellants City of Cincinnati, Amit B. Ghosh, Chief Building Official, Margaret A. Wuerstle, Zoning Hearing Examiner, and Cincinnati Zoning Board of Appeals.

Manley Burke LPA, Timothy M. Burke and Daniel J. McCarthy , for Defendant-Respondent-Appellant Cincinnati Union Bethel.

Newman & Meeks and Robert B. Newman , for Respondents-Appellants Anna Louise Inn, Limited Partnership, and Anna Louise Inn GP, LLC.


OPINION

SYLVIA SIEVE HENDON, Judge.

{¶ 1} This case involves the zoning of the Anna Louise Inn, a century-old, five-story building with a basement located at 300 Lytle Street in an area of downtown Cincinnati known as the Lytle Park Historic District. Defendant-respondent-appellant Cincinnati Union Bethel ("CUB"), a nonprofit corporation, owns the Anna Louise Inn and intends to renovate it. Respondents-appellants Anna Louise Inn...

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