Hidden Vill., LLC v. City of Lakewood
Decision Date | 30 March 2012 |
Docket Number | Case No. 1:10CV0887. |
Citation | 867 F.Supp.2d 920 |
Parties | HIDDEN VILLAGE, LLC, Plaintiff, v. CITY OF LAKEWOOD, OHIO, et al., Defendants. |
Court | U.S. District Court — Northern District of Ohio |
OPINION TEXT STARTS HERE
Avery S. Friedman, Friedman & Associates, Richard C. Haber, Haber Polk Kabat, Cleveland, OH, for Plaintiff.
James A. Climer, John D. Pinzone, Mazanec, Raskin Ryder & Keller, Solon, OH, Kevin M. Butler, City of Lakewood, Lakewood, OH, Robert F. Cathcart, IV, Mazanec, Raskin & Ryder, Thomas D. Corrigan, Cleveland, OH, for Defendants.
Before the Court is the Motion for Summary Judgment of Defendants City of Lakewood (“Lakewood”), Thomas J. George (“George”), Charles E. Barrett (“Barrett”), and Edward Fitzgerald (“Fitzgerald”) (collectively “Defendants”). ECF No. 49. Plaintiff Hidden Village, LLC (“Hidden Village”) has responded to the instant motion ( ECF No. 52 ); Defendants have replied ( ECF No. 59 ). Oral argument was heard April 4, 2011. For the reasons articulated below, Defendants' Motion is denied.
Plaintiff Hidden Village, LLC (“Hidden Village”) is the owner and manager of Hidden Village Apartments, located on the Eastern border of Lakewood, Ohio. ECF No. 1 at 4, 7. The company's current members, Gary Lieberman and Michael Priore, own several apartment complexes within Lakewood, and acquired the property of Hidden Village Apartments in 2001. ECF No. 52–1 at 2, 4, 17.
The Hidden Village Apartment complex consists of ninety-seven apartment units in four separate apartment buildings, designated as A, B, C and D. ECF Nos. 1 at 7and 52–1 at 6. Beginning in April of 2006, the apartments within Buildings C and D were occupied by the Lutheran Metropolitan Ministries' Youth Re–Entry Program, which is not a party to this lawsuit. ECF Nos. 52 at 12.
The Youth Re–Entry Program (“YRP”) is an independent living program for at-risk youth, operated by the Lutheran Metropolitan Ministries (“LMM”), a religious based non-profit organization in northeast Ohio. ECF No. 52–3 at 2–3. By...
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