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.