Legal Opinion · Dissent

Litva v. Village of Richmond

Ohio Court of Appeals

Decided June 29, 2007No. 05-JE-26Published

1DissentDeGenaro, Judge

{¶ 24} In their complaint, appellants raise both due-process and takings claims. Both the village and the trial court addressed the due-process claim, but neither addressed appellants’ takings claim. Accordingly, the trial court’s order is not a final, appealable order, and we do not have jurisdiction to hear this case. Because the majority deals with this case on its merits, I must respectfully dissent from its judgment.

{¶ 25} The parties’ arguments before this court have confused due-process arguments with takings arguments. When dealing with the merits, the majority continues in the same…

2Cases cited19 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
  3. Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
  4. First English Evangelical Lutheran Church v. County of Los AngelesSupreme Court of the United States · 1987
  5. Lingle v. Chevron U. S. A. Inc.Supreme Court of the United States · 2005

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