CHARLES M. ANDREWS, SR., TRUSTEE OF THE GLORIA M. ANDREWS TRUST DATED APRIL 23, 1998 v. CITY OF MENTOR, OHIO - Articles

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CHARLES M. ANDREWS, SR., TRUSTEE OF THE GLORIA M. ANDREWS TRUST DATED APRIL 23, 1998 v. CITY OF MENTOR, OHIO

Posted by: Karen Belcher on Aug 25, 2021

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: J. David Breemer, PACIFIC LEGAL FOUNDATION, Sacramento, California, Kenneth J. Fisher, KENNETH J. FISHER CO., L.P.A., Cleveland, Ohio, for Appellant.

Attorneys 2: ON BRIEF: Steven D. Strang, Nicholas G. Anhold, GALLAGHER SHARP LLP, Cleveland, Ohio, for Appellee.

Judge(s): BOGGS, MOORE, and LARSEN, Circuit Judges

Court Appealed: Appeal from the United States District Court for the Northern District of Ohio at Cleveland

KAREN NELSON MOORE, Circuit Judge. Charles Andrews, Sr., Trustee of the Gloria M. Andrews Trust Dated April 23, 1998 (“the Trust”), appeals from a final judgment entered against the Trust by the district court after it granted the City of Mentor, Ohio’s (“the City”) motion for judgment on the pleadings. The Trust takes issue specifically with the district court’s resolution of the Trust’s claims arising under the Takings Clause and Equal Protection Clause, both of which stem from the City’s denial of the Trust’s application for rezoning of approximately sixteen acres of real property. For the reasons that follow, we REVERSE the judgment of the district court and REMAND for further proceedings.

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