United States Sixth Circuit

In company-property owner's action raising constitutional takings and equal protection claims against a township and board of commissioners involving plaintiff's efforts to re-zone its property, summary judgment for defendants is affirmed where principles of preclusion operated to bar all of the claims at issue, which had been previously litigated in state court.

Appellate Information

• Decided 03/03/2008
• Published 03/03/2008

Judges

• Before:  BOGGS, Chief Judge;  MARTIN and SUTTON, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Michael P. McNamee, McNamee & McNamee, Beavercreek, Ohio, for Appellants.  Robert J. Surdyk, Surdyk Dowd & Turner, Dayton, Ohio, Steven G. LaForge, Isaac, Brant, Ledman & Teetor, Columbus, Ohio, for Appellees.   ON BRIEF:  Michael P. McNamee, Gregory B. O'Connor, McNamee & McNamee, Beavercreek, Ohio, for Appellants.  Robert J. Surdyk, Kevin Lantz, Surdyk Dowd & Turner, Dayton, Ohio, Steven G. LaForge, Jeffrey A. Stankunas, Brandi L. Dorgan, Isaac, Brant, Ledman & Teetor, Columbus, Ohio, for Appellees.