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STATE EX REL. SUNSET ESTATE PROPERTIES, L.L.C. v. VILLAGE OF LODI

No. 2013-1856.

142 Ohio St.3d 351 (2015)

2015-Ohio-790

THE STATE EX REL. SUNSET ESTATE PROPERTIES, L.L.C., ET AL., APPELLEES, v. THE VILLAGE OF LODI, APPELLANT.

Supreme Court of Ohio.

Decided March 10, 2015.

Attorney(s) appearing for the Case

Mansour Gavin, L.P.A., John W. Monroe, and Tracey S. McGurk, for appellees.

Brouse McDowell, L.P.A., Irving B. Sugerman,   Caroline L. Marks, and Alexandra V. Dattilo, for appellant.

Michael DeWine, Attorney General, Eric E. Murphy, State Solicitor, Michael J. Hendershot, Chief Deputy Solicitor, Jeffrey Jarosh, Deputy Solicitor, and Hilary R. Damaser, Principal Assistant Attorney General, urging vacation of judgment for amicus curiae state of Ohio.

Elizabeth Birch, urging affirmance for amicus curiae Ohio Manufactured Homes Association.

John Gotherman, urging reversal for amicus curiae Ohio Municipal League.

{¶ 1} In this case, we are asked to determine whether Section 1280.05(a) of the zoning code of the village of Lodi is unconstitutional on its face. We conclude that a portion of it is.

Facts and Procedural History

{¶ 2} The facts...

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