No. 20-65

Walter Reinhaus v. Zoning Board of Appeals of Cincinnati

Lower Court: Ohio
Docketed: 2020-07-24
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law civil-rights constitutional-rights due-process historic-preservation municipal-law zoning zoning-dispute
Latest Conference: 2020-09-29
Question Presented (from Petition)

1. Did the court fail a constitutional right to due process when the City: failed to honor previous Historic Conservation Board (HCB) determinations; failed to adhere to the limited scope of the guidelines; and, failed to comply with their own rules of order?

2. Was the court a neutral arbiter, repeating conclusions based on erroneous facts demonstrating a prima facie 'congruence and proportionality ' approach disproportionate to their effects?

3. Did the court fail to recognize the City caused a violation of appellant beneficiaries ' civil rights by: erasing their participation; cancelling their wealth building opportunity; and, disregarding community derived social goals in favor of a regressive traditional preservation practice focused on achieving an engineered gentrification instead?

Question Presented (AI Summary)

Did the court fail to recognize a constitutional right to due process?

Docket Entries

2020-10-05
Petition DENIED.
2020-08-12
DISTRIBUTED for Conference of 9/29/2020.
2020-08-05
Waiver of right of respondent Zoning Board, Cincinnati to respond filed.
2020-07-14
Petition for a writ of certiorari filed. (Response due August 24, 2020)

Attorneys

Walter Reinhaus
Walter Reinhaus — Petitioner
Zoning Board, Cincinnati
Jacklyn Gonzales MartinCity of Cincinnati, Respondent