Parkwood Place v. City of Brecksville

*The Honorable Danny C. Reeves, United States District Judge for the Eastern District of
Kentucky, sitting by designation.
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 05a0635n.06
Filed: July 28, 2005
No. 04-3739
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
PARKWOOD PLACE, et al.,
Plaintiffs-Appellants,
v.
CITY OF BRECKSVILLE, et al.,
Defendants-Appellees.
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ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT FOR THE NORTHERN
DISTRICT OF OHIO
O P I N I O N
BEFORE: BATCHELDER and COLE,Circuit Judges; REEVES, District Judge*
R. GUY COLE, JR., Circuit Judge. Plaintiffs-Appellants Parkwood Place, et. al., appeal
a district court order granting Defendant-Appellee City of Brecksville’s motion to dismiss under
Rule 12(b)(6). The plaintiffs’ complaint alleges that the enactment of two zoning ordinances
violates state and federal law because the ordinances infringe upon plaintiffs’ property rights as
established in previous litigation regarding the zoning of the same property. On appeal, Parkwood
contends that the district court erred in: (1) dismissing the state law claims under the “law-of-the-
case” doctrine, (2) dismissing the federal constitutional claims because of collateral estoppel, and
(3) dismissing the takings claims because they were not yet ripe for review.

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No. 04-3739
Parkwood Place v. City of Brecksville
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We have reviewed the record and the parties’ submissions. For substantially the same
reasons set forth in the district court’s comprehensive opinion, we AFFIRM the district court’s
grant of the City of Brecksville’s motion to dismiss.

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