Lake Pointe Construction Co. v. City of Avon

Whitmore, Judge.

{¶ 1} Plaintiffs-appellants, Lake Pointe Construction Company, Inc., and others (“Lake Pointe”), appeal from the judgment of the Lorain County Court of Common Pleas, granting summary judgment in favor of the city of Avon (“Avon”) and Avon’s Ohio City Council (“the council”). This court reverses.

I

{¶ 2} This appeal stems from Lake Pointe’s attempt to have 22.7 acres of its property rezoned. In 2005, Lake Pointe petitioned Avon’s Planning and Zoning Commission to remove the R-2 single- and double-family residential classification from its property and to place a mixture of new…