PHN Motors, LLC et al v. Medina Township et al, No. 1:2010cv02392 - Document 55 (N.D. Ohio 2011)
Court Description: Memorandum Opinion and Order denying defendants' Motion for judgment on the pleadings (Related Doc # 27 ). Judge Donald C. Nugent(C,KA)
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PHN Motors, LLC et al v. Medina Township et al Doc. 55 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION PHN MOTORS, LLC D/B/A BILL DORATY KIA, et al., Plaintiffs, v. MEDINA TOWNSHIP, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) CASE NO. 1:10 CV 2392 JUDGE DONALD C. NUGENT MEMORANDUM OPINION AND ORDER This case is currently before the Court on Defendants’ Motion For Judgment on the Pleadings. Defendants have moved this Court for dismissal of Plaintiff Scherba Industries, Inc. D/B/A Inflatable Images (“Scherba”), asserting that Scherba lacks standing to assert the constitutional claims brought in this case. (ECF #27). The matter has been fully briefed. After considering all of the arguments and all applicable law, the Court hereby DENIES Defendants’ Motion. Plaintiff, Scherba has alleged facts in the Complaint that satisfy the requirements of standing in this action. Scherba has alleged that it would suffer an injury in fact if the zoning regulations are upheld against PHN Motors; the alleged injury would have a causal connection to the conduct complained of in the Complaint; and it is likely that a favorable decision in this case would prevent that alleged injury. See generally, United States v. Hays, et al., 515 U.S. 737, 743 Dockets.Justia.com (1995). For these reasons, Plaintiff Scherba has standing to pursue its complaint under Article III of the Constitution. Defendants’ motion is, therefore, DENIED. IT IS SO ORDERED. /s/ Donald C. Nugent DONALD C. NUGENT United States District Judge DATED: February 10, 2010 -2-
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