FIRST FLOOR LIVING LLC (22-3216); LUSH DESIGNS, LLC (22-3217) v. CITY OF CLEVELAND, OHIO; LASTER LLC; BAUMANN ENTERPRISES, INC.; CUYAHOGA COUNTY LAND REUTILIZATION CORPORATION - Articles

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FIRST FLOOR LIVING LLC (22-3216); LUSH DESIGNS, LLC (22-3217) v. CITY OF CLEVELAND, OHIO; LASTER LLC; BAUMANN ENTERPRISES, INC.; CUYAHOGA COUNTY LAND REUTILIZATION CORPORATION

Posted by: Tanja Trezise on Sep 29, 2023

Head Comment: NALBANDIAN delivered a separate opinion concurring in part and dissenting in part.

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED and ON BRIEF: Justin D. Stevenson, BOWER STEVENSON LLC, Cleveland, Ohio, for Appellants.

Attorneys 2: ARGUED: Elena N. Boop, CITY OF CLEVELAND, Cleveland, Ohio, for Appellee City of Cleveland.

Attorneys 3: ARGUED and ON BRIEF: Matthew P. Baringer, DAVIS & YOUNG, Willoughby Hills, Ohio, for Appellee Laster LLC.

Attorneys 4: ARGUED: Richard C.O. Rezie, GALLAGHER SHARP LLP, Cleveland, Ohio, for Appellee Baumann Enterprises.

Attorneys 5: ARGUED: Alayna K. Bridgett, HAHN LOESER & PARKS, LLP, Cleveland, Ohio, for Appellee Cuyahoga County Land Reutilization Corporation.

Attorneys 6: ON BRIEF: Elena N. Boop, Nathaniel Hall, CITY OF CLEVELAND, Cleveland, Ohio, for Appellee City of Cleveland.

Attorneys 7: ON BRIEF: Phil Eckenrode, HAHN LOESER & PARKS, LLP, Cleveland, Ohio, for Appellee Cuyahoga County Land Reutilization Corporation.

Attorneys 8: ON BRIEF: Robert P. Lynch, Jr., GALLAGHER SHARP LLP, Cleveland, Ohio, for Appellee Baumann Enterprises in case 22-3217 only.

Judge(s): SILER, GILMAN, and NALBANDIAN, Circuit Judges

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

SILER, Circuit Judge. In 2018, First Floor Living, LLC (“First Floor”) and Lush Designs, LLC (“Lush Designs”) (collectively “Plaintiffs”) each purchased real estate parcels in Cleveland for the purpose of rehabilitating and redeveloping the properties. First Floor’s property was located at 4400 Warner Road, and Lush Designs’ property was located at 7410 Linwood Avenue. Prior to Plaintiffs’ purchases, the City of Cleveland (“Cleveland”) declared the buildings on the properties public nuisances, condemned them, and ordered that they be demolished. Following the purchases, and after Plaintiffs had invested time and resources into renovating the buildings, Cleveland authorized private contractors to demolish them.

In 2021, following demolition of the buildings, Plaintiffs filed suit against Cleveland; Cuyahoga County Land Reutilization Corporation (“Land Bank”); Laster, LLC (Laster); and Baumann Enterprises, Inc. (“Baumann”) (collectively “Defendants”), arguing that the demolitions violated numerous state laws and federal constitutional provisions.1 The district court denied Plaintiffs’ Rule 56(d) motion for discovery, granted summary judgment to Defendants on the constitutional claims, and declined to exercise supplemental jurisdiction over the remaining state law claims.

Plaintiffs argue that the district court erred by denying their Rule 56(d) motion for discovery and by granting Defendants’ motions for summary judgment. We affirm.

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