On February 13, 2023 a
Order
was filed
involving a dispute between
Charles E. Hoven,
Laura Cyrocki,
and
City Of Cleveland Board Of Zoning Appeals,
City Of Cleveland, Ohio,
Ford- Hessler Property Reorganization Llc,
for ADMIN. APPEALS OTHER
in the District Court of Cuyahoga County.
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Motion No. 5085608
NAILAH K. BYRD
CUYAHOGA COUNTY CLERK OF COURTS
1200 Ontario Street
Cleveland, Ohio 44113
Court of Common Pleas
MOTION TO...
April 25,2023 10:58
By: MAJEED G. MAKHLOUF 0073853
Confirmation Nbr. 2839095
LAURA CYROCKIET. AL., ET AL CV 23 975151
vs.
Judge: JOAN SYNENBERG
CITY OF CLEVELAND ET. AL., ET AL
Pages Filed: 3
Electronically Filed 04/25/2023 10:58 / MOTION / CV 23 975151 / Confirmation Nbr. 2839095 / BATCH
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO
LAURA CYROCKI, et al.
CASENO. CV23 975151
Appellants,
JUDGE JOAN SYNENBERG
v.
CITY OF CLEVELAND, et al.
Appellees.
INTERVENOR-APPELLEE FORD-HESSLER PROPERTY REORGANIZATION
LLC’S MOTION TO STRIKE APPELLANT’S OUT-OF-RULE
“SUPPLEMENTAL BRIEF IN OPPOSITION TO FORD-HESSLER PROPERTY
ORGANIZATION LLC’S MOTION TO DISMISS”
Intervenor-Appellee Ford-Hessler Property Reorganization LLC respectfully moves the
Court to strike Appellants’ “Supplemental Brief in Opposition to Ford-Hessler Property
Reorganization LLC’s Motion to Dismiss,” which was filed on April 24, 2023. The brief was
filed out-of-rule without leave of Court; it is replete with irrelevant arguments and improper
attacks against Ford-Hessler.
Going through multiple progressive approvals is not a manipulation of any process; it is
going pursuant to the proper process. It only demonstrates the level of review that this project
has undergone, and Appellants failed to timely act to raise their objections.
Simply, however, the brief was filed out-of-rule without leave and should be stricken
from the record.
Electronically Filed 04/25/2023 10:58 / MOTION / CV 23 975151 / Confirmation Nbr. 2839095 / BATCH
Respectfully submitted,
/s/ Majeed G. Makhlouf____________
Majeed G. Makhlouf(0073853)
Berns, Ockner & Greenberger, LLC
3733 Park East Drive, Suite 200
Beachwood, Ohio 44122
Telephone: (216) 831-8838
Facsimile (216) 464-4489
mmakhlouf@bernsockner.com
Attorneys for Intervenor-Appellee
Ford-Hessler Property Reorganization LLC
Electronically Filed 04/25/2023 10:58 / MOTION / CV 23 975151 / Confirmation Nbr. 2839095 / BATCH
CERTIFICATE OF SERVICE
This is to certify that on April 25, 2023, a true and correct copy of the foregoing document
was filed electronically. Notification of this filing will be sent to the parties by operation of the
Court’s electronic filing system. Parties may access this filing through the Court’s system.
In addition, copies were placed in the regular U.S. mail, postage prepaid, and addressed
to the following:
Laura Cyrocki
11303 Hessler Rd.
Cleveland, OH 44106
Charles E. Hoven
11301 Hessler Rd.
Cleveland, OH 44106
/s/ Majeed G. Makhlouf
Majeed G. Makhlouf
Electronically Filed 04/25/2023 10:58 / MOTION / CV 23 975151 / Confirmation Nbr. 2839095 / BATCH
Document Filed Date
April 25, 2023
Case Filing Date
February 13, 2023
Category
ADMIN. APPEALS OTHER
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Motion No. 5085608 NAILAH K. BYRD CUYAHOGA COUNTY CLERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas MOTION TO... April 25,2023 10:58 By: MAJEED G. MAKHLOUF 0073853 Confirmation Nbr. 2839095 LAURA CYROCKIET. AL., ET AL CV 23 975151 vs. Judge: JOAN SYNENBERG CITY OF CLEVELAND ET. AL., ET AL Pages Filed: 3 Electronically Filed 04/25/2023 10:58 / MOTION / CV 23 975151 / Confirmation Nbr. 2839095 / BATCH IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO LAURA CYROCKI, et al. CASENO. CV23 975151 Appellants, JUDGE JOAN SYNENBERG v. CITY OF CLEVELAND, et al. Appellees. INTERVENOR-APPELLEE FORD-HESSLER PROPERTY REORGANIZATION LLC’S MOTION TO STRIKE APPELLANT’S OUT-OF-RULE “SUPPLEMENTAL BRIEF IN OPPOSITION TO FORD-HESSLER PROPERTY ORGANIZATION LLC’S MOTION TO DISMISS” Intervenor-Appellee Ford-Hessler Property Reorganization LLC respectfully moves the Court to strike Appellants’ “Supplemental Brief in Opposition to Ford-Hessler Property Reorganization LLC’s Motion to Dismiss,” which was filed on April 24, 2023. The brief was filed out-of-rule without leave of Court; it is replete with irrelevant arguments and improper attacks against Ford-Hessler. Going through multiple progressive approvals is not a manipulation of any process; it is going pursuant to the proper process. It only demonstrates the level of review that this project has undergone, and Appellants failed to timely act to raise their objections. Simply, however, the brief was filed out-of-rule without leave and should be stricken from the record. Electronically Filed 04/25/2023 10:58 / MOTION / CV 23 975151 / Confirmation Nbr. 2839095 / BATCH Respectfully submitted, /s/ Majeed G. Makhlouf____________ Majeed G. Makhlouf(0073853) Berns, Ockner & Greenberger, LLC 3733 Park East Drive, Suite 200 Beachwood, Ohio 44122 Telephone: (216) 831-8838 Facsimile (216) 464-4489 mmakhlouf@bernsockner.com Attorneys for Intervenor-Appellee Ford-Hessler Property Reorganization LLC Electronically Filed 04/25/2023 10:58 / MOTION / CV 23 975151 / Confirmation Nbr. 2839095 / BATCH CERTIFICATE OF SERVICE This is to certify that on April 25, 2023, a true and correct copy of the foregoing document was filed electronically. Notification of this filing will be sent to the parties by operation of the Court’s electronic filing system. Parties may access this filing through the Court’s system. In addition, copies were placed in the regular U.S. mail, postage prepaid, and addressed to the following: Laura Cyrocki 11303 Hessler Rd. Cleveland, OH 44106 Charles E. Hoven 11301 Hessler Rd. Cleveland, OH 44106 /s/ Majeed G. Makhlouf Majeed G. Makhlouf Electronically Filed 04/25/2023 10:58 / MOTION / CV 23 975151 / Confirmation Nbr. 2839095 / BATCH