Kenneth J. Fisher  Co., L.P.A.         50 Public Square #2100           Cleveland, OH 44113           Tel: (216) 696-7661            Email

 

Representative Cases

 

 

Ninth District Court of Appeals

Brunswick Hills Township vs. City of Brunswick, et al.

Ninth District Court of Appeals Case No. 07 CA 0109-M

 

Successfully represented the City of Brunswick in action initiated by Township to prohibit City from requiring annexation to City as condition of extending water service lines to Township.

 

City of Brunswick, Ohio vs. Board of County Commissioners of Medina County, Ohio

Ninth District Court of Appeals Case No. 10 CA 0111-M

 

Successfully represented the City of Brunswick wherein the Medina County Commissioners unsuccessfully requested that the Court vacate a 1977 Judgment Order that required all non-exempt unincorporated properties to annex to the City prior to being   eligible to receiver water service through the City.

 

Ohio Board of Tax Appeals

Streetsboro City School District Board of Education vs. Portage County Board of Revision (Boulder Creek Limited Partnership), et al.

Ohio Board of Tax Appeals Case Nos. 2004-R-590/591/592/593/594/595/597/598

 

Tax year 2006 value established by Portage County Auditor and affirmed by Portage           County Board of Revision of $2,422,600.00 reduced to $1,600,000.00 by Board of Tax Appeals. 

 

Heritage Capital Corp. vs. Portage County Board of Revision, et al.

Ohio Board of Tax Appeals Case No. 2009 Z 1120

 

Tax year 2008 reduction complaint for Bertram Hotel resulted in Board of Revision           reduction from $16,899,700.00 to $13,364,180.00.

 

Heritage Capital Corp. vs. Portage County Board of Revision, et al.

Ohio Board of Tax Appeals Case No. 2010 V 1567

 

Tax year 2009 reduction complaint for Bertram Hotel resulted in Board of Revision     reduction from $13,364,800.00 to $10,100,300.00.

 

Marotta-Glazer Realty Co.  LLC vs. Cuyahoga County Board of Revision, et al.

Ohio Board of Tax Appeals Case No. 2014-481

 

Tax Year 2012 reduction complaint for vacant land resulted in Board of Revision  reduction from $4,119,600.00 to $2,400,000.00 per Ohio Board of Tax Appeals Decision and Order dated May 28, 2015

 

Medina City Schools Board of Education, et al. vs. Medina County Board of Revision, et al.
(Chu Brothers Motels, Inc.)
Ohio Board of Tax Appeals Case No. 2015-508
Tax Year 2014 reduction complaint resulted in reduction from $1,842,270.00 to $350,000.00 per
Ohio Board of Tax Appeals Decision and Order dated February 1, 2016
 

 

 

 

Probate Court

Warren J. Smith, Director of Transportation, State of Ohio vs. CommercePark Plaza, et al.

Cuyahoga County Probate Court Case No. 992982

 

Represented Ohio Dept. of Transportation as an Assistant Attorney General in eminent domain jury trial resulting in total compensation award for taking and damages to residue which was substantially less than the testimony of the property owner and his appraiser Roger Ritley.

 

William H. Lennon vs. Arthur F. Anton, et al.

Cuyahoga County Probate Court Case No. 2002 ADV 0068518

 

Successfully represented Trustees of Lennon Estate in removal action.

 

City of Macedonia vs. Michael A. Herchick, et al. Summit County Probate Court Case No. 2007 CV 39

 

Represented property owner in eminent domain jury trial resulting in verdict of $107,000.00 in excess of final offer by appropriating agency.

 

Jolene M. Molitoris, Director, Ohio Dept. of Transportation vs. Ontario Pointe, L.L.C., et al.

Cuyahoga County Probate Court Case No. 2010 ADV 0161339

 

Represented  property owner in eminent domain compensation proceeding wherein State has appropriated triangular parcel of land on the Ontario Street median directly across from Progressive Field for highway purposes.

 

Cuyahoga County Common Pleas Court

North Olmsted Land Holdings, Ltd. et al. vs. Planning Commission of the City of North Olmsted, Ohio

Cuyahoga County Common Pleas Court Case No. CV 97 330597

Judge Thomas J. Pokorny

 

Successfully challenged constitutionality of City's Office District zoning resulting in

commercial development on large parcel on corner of Brookpark and Columbia Road in

North Olmsted.  (Judgment affirmed on appeal - CA 77584).

 

George S. Anders vs. Specialty Chemical Resources, Inc.

Cuyahoga County Common Pleas Court Case No. CV 94 279695

Judge Patricia A. Cleary

           

Represented Defendant employer in wrongful termination action which settled after commencement of jury trial during cross examination of Plaintiff who was confronted with fraudulent bankruptcy petition.

 

Ohio Elections Commisson

County Action Committee, et al. vs. Service Employees International Union ("SEIU")

Ohio Elections Commission Case No. 2003E-010

 

Successfully represented Cuyahoga County Health and Human Services Levy Committee in action for violation of Ohio Elections laws against Service Employees International Union ("SEIU").  After probable cause determination on April 24, 2003, a

full evidentiary hearing was conducted in Columbus on May 5, 2003 resulting in findings

against the SEIU.  Please note SEIU Attorney Donald McTigue unsuccessfully appealed     the decision to the Franklin County Common Pleas Court.

 

Binding Labor Arbitration

Re:  Grievance of Lt. B. Thomas Osborne

Grievance No. 07-01

Hearing Officer Anna Duval Smith

 

Represented Village of Cuyahoga Heights in grievance proceedings filed by

Fraternal Order of Police Attorney Robert Phillips for wrongful denial of sick leave benefits resulting in Hearing Officer issuing finding in favor of the Village of Cuyahoga Heights

Ohio Board of Tax Appeals

Federated Retail Holdings, Inc./Franklin Park Parcels, et al. vs. Lucas County Board of Revision, et al.
Ohio Board of Tax Appeal Case No. 2016-2042, 2016-2043, 2016-2044, and 2016-2045

Total Reduction of $37,000,000.00 for Tax Years 2015, 2016, and 2017
Flats East Development LLC vs. Cuyahoga County Board of Revision, et al.
Ohio Board of Tax Appeals Case No. 2017-340
Total Reduction of $3,161,600.00 for Tax Year 2015

Zoning

Former Macy’s Department Store641 Richmond RoadRichmond Heights, Ohio

Obtained Use Variance from City Council for Indoor Controlled Storage on former Macy’s Building

Click Here for News Release

Dr. Anna Koo34000 Hiram TrailMoreland Hills, Ohio

Obtained Area Variance Re: Two (2) Acre Minimum Lot Requirement to allow Three (3)Buildable Lots on 5.4 Acres

Ronald Antonick, Jr.6988 Spinach DriveMentor, Ohio

Represented Property Owner Ronald Antonick, Jr. before the Mentor Planning Commission wherein the Commission approved Aesthetics as well as Medical Tattooing in the Industrial Use District