Brooks et al v. Butler County et al, No. 1:2021cv00665 - Document 18 (S.D. Ohio 2021)
Court Description: ORDER denying 2 Motion for Preliminary Injunction. Signed by Judge Susan J. Dlott on 11/16/2021. (eh)
Download PDF
<![CDATA[
Brooks et al v. Butler County et al Doc. 18 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION Patrick Brooks, et al. Case No. I:2I-cv-665 Plaintiffs, Judge Susan J. Dlott V. Butler County, et al.. Order Denying Motion for Preliminary Injunction Defendants. This matter is before the Court on Plaintiffs' Motion for Preliminary Injunction(Doc. 2). Defendants filed a Memorandum in Opposition (Doc. 11), Intervenor filed a Response in Opposition (Doc. 14), and Plaintiffs filed their Replies (Docs. 16,17). This case concerns zoning variances approved by the Butler County, Ohio Board of Zoning Appeals ("Zoning Board") in favor of Intervenor CD DG Germantown, LLC ("DG Germantown") regarding real property located at 8383 Keister Road, Middletown, Ohio 45042 ("the Property"). DG Germantown is developing a Dollar General retail storeat the Property. Plaintiffs, who liveon land' adjacent to or near the Property, allege that the Zoning Board improperly granted the zoning variances because onemember who voted in favor. Defendant Alan Daniel, hada financial conflict of interest. Plaintiffs assert that Alan Daniel's self-serving vote for thevariances constituted a violation ofprocedural due process. The Court has entered a Temporary Restraining Order ("TRO") enjoming until November 17,2021 the variances and any permits issued toeffectuate the variances granted for the Property. For the reasons that follow, the Court now will DENY the Motion forPreliminary Injunction. Dockets.Justia.com
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
