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Walter Reinhaus v. Zoning Board of Appeals of Cincinnati

Paid petition · Court of Appeals of Ohio, Hamilton County, No. C180616 · judgment December 20, 2019

Certiorari denied · October 5, 2020
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

QUESTIONS FOR REVIEW

  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?

Counsel of record

For petitioner
Walter Reinhaus

For respondent
Jacklyn Gonzales Martin
City of Cincinnati

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 05 2020
    Petition DENIED.
  2. Aug 12 2020
    DISTRIBUTED for Conference of 9/29/2020.
  3. Aug 05 2020
    Waiver of right of respondent Zoning Board, Cincinnati to respond filed.
  4. Jul 14 2020
    Petition for a writ of certiorari filed. (Response due August 24, 2020)