Laura Cyrocki Et. Al., Et Al Vs. City Of Cleveland Et. Al., Et Al

MOTION FILED FOR D3 FORD- HESSLER PROPERTY REORGANIZATION LLC MAJEED G MAKHLOUF 0073853 INTERVENOR-APPELLEE FORD-HESSLER PROPERTY REORGANIZATION LLC'S MOTION FOR LEAVE TO FILE THIRD AFFIDAVIT OF RUSSELL BERUSCH IN SUPPORT OF MOTION TO DISMISS AND MERIT BRIEF 05/26/2023 - MOOT

CORRECTED INTERVENOR-APPELLEE FORD-HESSLER PROPERTY REORGANIZATION LLC'S MOTION FOR LEAVE TO FILE THIRD AFFIDAVIT OF RUSSELL BERUSCH IN SUPPORT OF MOTION TO DISMISS AND MERIT BRIEF, FILED 05/23/2023, IS GRANTED. AFFIDAVIT IS DEEMED FILED. INTERVENOR-APPELLEE FORD-HESSLER PROPERTY REORGANIZATION LLC'S MOTION FOR LEAVE TO FILE THIRD AFFIDAVIT OF RUSSELL BERUSCH IN SUPPORT OF MOTION TO DISMISS AND MERIT BRIEF, FILED 05/23/2023, IS MOOT AS CORRECTED MOTION IS GRANTED. NOTICE ISSUED

NOTICE FILED BY D3 FORD- HESSLER PROPERTY REORGANIZATION LLC ATTORNEY MAJEED G MAKHLOUF 0073853 NOTICE OF RELATED CASES

THIS COURT GRANTS LEAVE, SUA SPONTE, TO APPELLEE FORD-HESSLER PROPERTY REORGANIZATION, LLC AND DEEMS ITS MAY 17, 2023 BRIEF AS TIMELY FILED. UPON REVIEW OF THE RECORD AND THE BRIEFS FILED BY APPELLANTS AND APPELLEES, THIS COURT HEREBY FINDS APPELLANTS' ASSIGNMENTS OF ERROR ARE WITHOUT MERIT. AS TO APPELLANTS' FIRST ASSIGNMENT OF ERROR, THIS COURT FINDS THAT APPELLANTS WERE AFFORDED THE OPPORTUNITY FOR A FULL AND FAIR HEARING BEFORE AN IMPARTIAL BODY AND THE BOARD OF ZONING APPEALS' ("BZA") DECISIONS WERE NOT UNCONSTITUTIONAL, ILLEGAL OR UNREASONABLE. AS TO APPELLANTS' SECOND, THIRD, FOURTH, AND FIFTH ASSIGNMENTS OF ERROR, THIS COURT FINDS THE BZA'S DECISIONS WERE NOT ILLEGAL, ARBITRARY, CAPRICIOUS OR UNREASONABLE AND WERE SUPPORTED BY A PREPONDERANCE OF RELIABLE, PROBATIVE, AND SUBSTANTIAL EVIDENCE. APPELLANTS' APPEAL IS DENIED. ACCORDINGLY, APPELLEE FORD-HESSLER PROPERTY REORGANIZATION LLC'S MOTION TO DISMISS, FILED 04/12/2023, IS MOOT. COURT COST ASSESSED TO THE PLAINTIFF(S). NOTICE ISSUED

MOTION TO STRIKE APPELLANT'S OUT-OF-RULE 'SUPPLEMENTAL BRIEF IN OPPOSITION TO FORD-HESSLER PROPERTY REORGANIZATION LLC'S MOTION TO DISMISS', FILED 04/25/2023, IS GRANTED. APPELLANT'S 4/24/2023 SUPPLEMENTAL BRIEF IS HEREBY STRICKEN. MOTION FOR LEAVE TO FILE APPELLANTS' ASSIGNMENTS OF ERROR AND MERIT BRIEF, INSTANTER, FILED 05/01/2023, IS GRANTED. THE AFOREMENTIONED IS HEREBY DEEMED FILED AS OF THE DATE OF THIS ENTRY. NOTICE ISSUED

APPELLANTS' MOTION FOR EXTENSION OF TIME, FILED 04/17/2023, IS GRANTED. APPELLANTS TO FILE BRIEF AND ASSIGNMENTS OF ERROR TO BE FILED NO LATER THAN 4/28/2023. NOTICE ISSUED

BRIEF FILED BY PLAINTIFF(S) LAURA CYROCKI(P1) and CHARLES E. HOVEN(P2) PRO SE 9999999 CYROCKI ET AL V. CLEVELAND ET AL MERIT BRIEF

BRIEF FILED BY D3 FORD- HESSLER PROPERTY REORGANIZATION LLC MAJEED G MAKHLOUF 0073853 ANSWER BRIEF OF APPELLEE FORD HESSLER PROPERTY REORGANIZATION, LLC

BRIEF FILED BY DEFENDANT(S) CITY OF CLEVELAND, OHIO(D1) and CITY OF CLEVELAND BOARD OF ZONING APPEALS(D2) CAROLYN M DOWNEY 0064371 BRIEF OF APPELLEE CITY OF CLEVELAND

BRIEF IN OPPOSITION FILED BY PLAINTIFF(S) LAURA CYROCKI(P1) and CHARLES E. HOVEN(P2) PRO SE 9999999 CYROCKI ET AL V. CLEVELAND ET AL BRIEF IN OPPOSITION TO MTD

MOTION FOR LEAVE TO FILE ANSWER INSTANTER 05/05/2023 - GRANTED

MOTION TO DISMISS FILED APPELLEE FORD-HESSLER PROPERTY REORGANIZATION LLC'S MOTION TO DISMISS CASE FOR MOOTNESS 06/01/2023 - MOOT

MOTION FOR EXTENSION OF TIME CYROCKI ET AL V CLEVELAND ET AL MOTION FOR EXTENSION OF TIME 04/20/2023 - GRANTED

OBJECTION FILED BY DEFENDANT(S) CITY OF CLEVELAND, OHIO(D1) and CITY OF CLEVELAND BOARD OF ZONING APPEALS(D2) ATTORNEY CAROLYN M DOWNEY 0064371 APPELLEE CITY OF CLEVELAND BRIEF IN OPPOSITION TO MOTION FOR LEAVE TO FILE APPELLANTS' ASSIGNMENTS OF ERROR AND MERIT BRIEF INSTANTER

MOTION FILED FOR D3 FORD- HESSLER PROPERTY REORGANIZATION LLC MAJEED G MAKHLOUF 0073853 INTERVENOR-APPELLEE FORD-HESSLER PROPERTY REORGANIZATION LLC'S MOTION TO STRIKE APPELLANT'S OUT-OF-RULE 'SUPPLEMENTAL BRIEF IN OPPOSITION TO FORD-HESSLER PROPERTY REORGANIZATION LLC'S MOTION TO DISMISS' 05/05/2023 - GRANTED

MOTION FILED FOR PLAINTIFF(S) LAURA CYROCKI(P1) and CHARLES E. HOVEN(P2) PRO SE 9999999 CYROCKI ET AL V. CLEVELAND ET AL REPLY TO OPPOSTION TO MOTION TO SHOW CAUSE 03/17/2023 - UNKNOWN

MOTION FILED FOR MAJEED G MAKHLOUF 0073853 MOTION TO INTERVENE AND FOR LEAVE TO FILE OPPOSITION-RESPONSE TO MOTION FOR STAY 03/10/2023 - GRANTED

PURSUANT TO THE 3/21/2023 ENTRY OF THE COURT OF APPEALS DISMISSING THE APPEAL, APPELLANTS' 3/17/2023 MOTION TO STAY PENDING APPEAL IS MOOT. APPELLANTS' 3/17/2023 MOTION FOR RECONSIDERATION OF THE ORDER TO LIFT THE TEMPORARY STAY IS DENIED. NOTICE ISSUED

Sua sponte, the appeal is dismissed for lack of a final appealable order. An order denying a motion to stay the proceedings is not a final appealable order because it does not dispose of the entire action. Cleveland v. Zakaib, 8th Dist. Cuyahoga No. 76928-30; Holivay v. Holivay, 8th Dist. Cuyahoga No. 89439, 2007-Ohio-6492. Appeal is dismissed. Notice issued.

BRIEF IN OPPOSITION FILED BY DEFENDANT(S) CITY OF CLEVELAND, OHIO(D1) and CITY OF CLEVELAND BOARD OF ZONING APPEALS(D2) CAROLYN M DOWNEY 0064371 APPELLEE CITY OF CLEVELAND BRIEF IN OPPOSITION TO MOTION FOR RECONSIDERATION TO LIFT TEMPORARY STAY

MOTION FILED FOR PLAINTIFF(S) LAURA CYROCKI(P1) and CHARLES E. HOVEN(P2) PRO SE 9999999 CYROCKI ET AL V. CLEVELAND ET AL REPLY TO OPPOSITION TO MOTION TO STAY 03/09/2023 - UNKNOWN

BRIEF IN OPPOSITION FILED BY DEFENDANT(S) CITY OF CLEVELAND, OHIO(D1) and CITY OF CLEVELAND BOARD OF ZONING APPEALS(D2) CAROLYN M DOWNEY 0064371 APPELLEE CITY OF CLEVELAND BRIEF IN OPPOSITION TO MOTION FOR STAY PENDING APPEAL

BRIEF IN OPPOSITION FILED BY D3 FORD- HESSLER PROPERTY REORGANIZATION LLC MAJEED G MAKHLOUF 0073853 COMBINED MEMORANDUM IN OPPOSITION TO APPELLANTS' MOTION FOR LEAVE TO FILE UNTIMELY ASSIGNMENTS OF ERROR AND MERIT BRIEF AND MOTION TO STRIKE UNTIMELY BRIEF AND DISMISS CASE

MOTION FILED FOR D3 FORD- HESSLER PROPERTY REORGANIZATION LLC MAJEED G MAKHLOUF 0073853 CORRECTED INTERVENOR-APPELLEE FORD-HESSLER PROPERTY REORGANIZATION LLC'S MOTION FOR LEAVE TO FILE THIRD AFFIDAVIT OF RUSSELL BERUSCH IN SUPPORT OF MOTION TO DISMISS AND MERIT BRIEF (ATTACHING CORRECT COPY OF AFFIDAVIT) 05/26/2023 - GRANTED

OBJECTION FILED BY DEFENDANT(S) CITY OF CLEVELAND, OHIO(D1) and CITY OF CLEVELAND BOARD OF ZONING APPEALS(D2) ATTORNEY CAROLYN M DOWNEY 0064371 APPELLEE CITY OF CLEVELAND BRIEF IN OPPOSITION TO MOTION TO SHOW CAUSE

NOTICE OF APPEAL FILED NOTICE OF APPEAL

BRIEF IN OPPOSITION FILED BY D3 FORD- HESSLER PROPERTY REORGANIZATION LLC MAJEED G MAKHLOUF 0073853 COMBINED MEMORANDUM IN OPPOSITION TO MOTION FOR RECONSIDERATION AND MOTION TO STAY PENDING APPEAL

MOTION FOR CONTEMPT OF PLAINTIFF(S) LAURA CYROCKI(P1) and CHARLES E. HOVEN(P2) FILED BY PRO SE 9999999 MOTION TO SHOW CAUSE 03/16/2023 - DENIED

BRIEF IN OPPOSITION FILED BY DEFENDANT(S) CITY OF CLEVELAND, OHIO(D1) and CITY OF CLEVELAND BOARD OF ZONING APPEALS(D2) CAROLYN M DOWNEY 0064371 APPELLEE CITY OF CLEVELAND BRIEF IN OPPOSITION TO MOTION FOR STAY

Sua sponte, appeal is dismissed as a duplicate of Appeal No. 112526. Notice issued.

NOTICE OF APPEARANCE, FILED DEFENDANT(S) CITY OF CLEVELAND, OHIO(D1) and CITY OF CLEVELAND BOARD OF ZONING APPEALS(D2) CAROLYN M DOWNEY 0064371. NOTICE OF APPEARANCE

MOTION FILED FOR PLAINTIFF(S) LAURA CYROCKI(P1) and CHARLES E. HOVEN(P2) PRO SE 9999999 MOTION TO STAY PENDING APPEAL 03/21/2023 - HELD IN ABEYANCE

MOTION FILED FOR PLAINTIFF(S) LAURA CYROCKI(P1) and CHARLES E. HOVEN(P2) PRO SE 9999999 MOTION TO STAY BOARD OF ZONING APPEALS DECISIONS ADOPTED JANUARY 30, 2023 03/10/2023 - GRANTED IN PART

BRIEF IN OPPOSITION FILED BY DEFENDANT(S) CITY OF CLEVELAND, OHIO(D1) and CITY OF CLEVELAND BOARD OF ZONING APPEALS(D2) CAROLYN M DOWNEY 0064371 APPELLEE CITY OF CLEVELAND BRIEF IN OPPOSITION TO MOTION TO SHOW CAUSE

MOTION FILED FOR DEFENDANT(S) CITY OF CLEVELAND, OHIO(D1) and CITY OF CLEVELAND BOARD OF ZONING APPEALS(D2) CAROLYN M DOWNEY 0064371 APPELLEE CITY OF CLEVELAND'S MOTION TO COMPEL JOINDER OF APPELLEE FORD-HESSLER PROPERTY REORGANIZATION LLC UNDER OHIO CIVIL RULE 19(A) 03/13/2023 - MOOT

MOTION FILED FOR PLAINTIFF(S) LAURA CYROCKI(P1) and CHARLES E. HOVEN(P2) PRO SE 9999999 MOTION FOR RECONSIDERATION OF THE ORDER TO LIFT THE TEMPORARY STAY FILED ON MARCH 16, 2023 03/21/2023 - HELD IN ABEYANCE

APPELLANT'S 2/22/2023 MOTION TO STAY BOARD OF ZONING APPEALS DECISIONS ADOPTED JANUARY 30, 2023 IS GRANTED IN PART. THE BOARD OF ZONING APPEALS DECISIONS IN CALENDAR NOS. 23-002 & 23-013 SHALL BE TEMPORARILY STAYED UNTIL FURTHER ORDER OF THIS COURT. MOTION TO INTERVENE AND FOR LEAVE TO FILE OPPOSITION-RESPONSE TO MOTION FOR STAY, FILED 03/09/2023, IS GRANTED. INTERVENOR SHALL FILE THEIR RESPONSE TO MOTION TO STAY BY 3/24/2023. NOTICE ISSUED

RECORD TRANSMITTED TO COURT OF COMMON PLEAS FROM CLEVELAND BOARD OF ZONING APPEALS