REPRESENTATIVE CASES

United States District Court

Norfolk Southern Railway Co. vs. City of Maple Heights, Ohio, et al.

United States District Court Case No. 1:00-CV-01626

Judge Patricia Gaughn

           

Represented City of Maple Heights in negotiating a monetary settlement for the City

to approve construction of an intermodal facility contrary to Railroad's contention that the Interstate Commerce Clause pre-empted local zoning laws.

 

Boulder Creek Limited Partnership vs. City of Streetsboro, Ohio, et al.

United States District Court Case No. 5:03-CV-106

Judge David Dowd           

Successfully challenged the constitutionality of the City's zoning resulting in higher density cluster home development on residential properties surrounding a public golf

course.

 

United States of America vs. Dennis J. Breiding

United States District Court Case No. 1:03-CR-216

Judge Donald Nugent

 

Defense counsel in re: violation of Davis-Bacon Act.

 

John Carroll University vs. City of University Heights, et al.

United States District Court Case No. 1:10-CV-2601Judge Benita Y. Pearson

 

Represented the City of University Heights in case wherein Plaintiff challenged the constitutionality of conditions imposed by City Council for the issuance of a transitional use permit to allow John Carroll to convert a two (2) family residence to office use.

 

Ohio State Supreme Court

Argo Plastic Products, Inc. vs. City of Cleveland, et al.

15 Ohio St. 3d 389, 474 N.E.2d 328 (1984)

 

Represented three (3) businesses evicted by City of Cleveland who successfully

enforced judgment for expenses of relocation.  Case is regularly cited in Civil Rule 60(B) relief from judgment proceedings.

 

Frederick I. Taft vs. Cuyahoga County Board of Elections, et al.

Ohio Supreme Court Case No. 2006-0477

 

Represented Plaintiff in one of the only successful Cuyahoga County election contests.

 

State of Ohio Ex Rel. Judge Nancy Margaret Russo vs. Administrative

Judge Richard J. McMonagle

Ohio Supreme Court Case No. 05-2130

 

Represented Judge McMonagle in Writ of Prohibition as to authority of Administrative

Judge to allow retired Judges to utilize Common Pleas Court facilities to conduct trials pursuant to Ohio Revised Code Section 2701.10

Eighth District Court of Appeals

BP America, Inc. vs. Council of the City of University Heights

Eighth District Court of Appeals Case No. 76438

 

Decision of City Council upheld in affirming the Planning Commission's denial of BP's application to consolidate parcels and construct a 2,480 square foot mini-mart and fast food restaurant in zoning districts adjacent to John Carroll University.

 

State Ex Rel. Mason, Prosecutor vs. Judge Alison L. Floyd

Eighth District Court of Appeals Case No. 08 CA 089480

 

Represented Judge Floyd in Writ of Prohibition which was denied by Appellate Court.

 

Encore Management, Inc. vs. Lakeview Realty, Inc.

Eighth District Court of Appeals Case No. 64784

 

Verdict of Trial Court upheld affirming $290,000.00 monetary judgment for breach of a lease-option agreement.

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