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Photo of Cuyahoga County

Court

Cuyahoga County

Ohio

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Case Information

Filed 2025-03-27
Status ACTIVE
Type Admin. Appeals Other
Docket 54 entries

Parties

Plaintiff Sheetz, Inc.|Riteoh, Llc By Dr. Peter Kraus, Its Managing Member
Defendant City Of Broadview Heights|City Of Broadview Heights Planning Commission
Photo of Hon. SHANNON M GALLAGHER

Judge

Hon. SHANNON M GALLAGHER

Cuyahoga County (OH)

Ohio

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Lawyers

Docket Entries

  1. CASE FILED: NOTICE OF APPEAL ADMIN APPEAL
  2. THE COURT REQUESTS A TRANSCRIPT OF THE HEARING HELD ON 9/17/2025 FROM THE COURT REPORTER CARYN LOTT. NOTICE ISSUED
  3. COURT REPORTER FEE
  4. TELEPHONE CONFERENCE HELD ON 9/15/2025. ALL PARTIES APPEARED THROUGH COUNSEL. DISCUSSIONS HAD REGARDING THE HEARING SET FOR 9/17/2025 AT 10:00 A.M. HEARING TO PROCEED AS SCHEDULED. NOTICE ISSUED
  5. GENERAL PLEADING FILED BY PLAINTIFF(S) SHEETZ, INC.(P1) and RITEOH, LLC(P2) ATTORNEY DIANE A CALTA 0070453 APPELLANT'S PREHEARING STATEMENT
  6. GENERAL PLEADING FILED BY DEFENDANT(S) CITY OF BROADVIEW HEIGHTS(D1) and CITY OF BROADVIEW HEIGHTS(D2) ATTORNEY KEVIN M. BUTLER 0074204A APPELLEES' PREHEARING STATEMENT
  7. TELEPHONE CONFERENCE SET FOR 09/15/2025 AT 09:15 AM. ATTORNEYS AND ANY PRO SE PARTIES TO CALL INTO THE CONFERENCE LINE AT THE APPROPRIATE TIME: (267)807-9611, ACCESS CODE 397453. NOTICE ISSUED
  8. HEARING PREVIOUSLY SCHEDULED FOR 09/17/2025 AT 09:00 AM IS RESCHEDULED FOR 09/17/2025 AT 10:00 AM (Notice Sent).
  9. HEARING SCHEDULED FOR 09/17/2025 AT 09:00 AM IS CANCELLED. JUDGE: SHANNON M GALLAGHER (366) REASON: DUE TO A COURT SCHEDULING CONFLICT, THE HEARING IS RESCHEDULED FOR 9/17/2025 AT 10:00 A.M. (notice sent).
  10. JOINT MOTION FOR CONTINUANCE OF DEADLINE TO FILE PRE-HEARING STATEMENTS AND OTHER DOCUMENTS RELATED TO EVIDENTIARY HEARING. , FILED 09/05/2025, IS GRANTED. PRE-HEARING STATEMENTS TO BE FILED BY 9/12/2025. NOTICE ISSUED
  11. PLAINTIFF(S) SHEETZ, INC.(P1) and RITEOH, LLC(P2)'S MOTION FOR CONTINUANCE JOINT MOTION FOR CONTINUANCE OF DEADLINE TO FILE PRE-HEARING STATEMENTS AND OTHER DOCUMENTS RELATED TO EVIDENTIARY HEARING. DIANE A CALTA 0070453
  12. NOTICE OF TRANSCRIPT FILED PLAINTIFF(S) SHEETZ, INC.(P1) and RITEOH, LLC(P2), DIANE A CALTA 0070453 NOTICE OF FILING VERBATIM TRANSCRIPTS
  13. JOINT MOTION FOR CONTINUANCE OF DATES RELATED TO EVIDENTIARY HEARING, FILED 07/24/2025, IS GRANTED. DEADLINE TO FILE PRE-HEARING STATEMENTS, INCLUDING A BRIEF DESCRIPTION OF THE EVIDENCE TO BE INTRODUCED AT THE HEARING, WITNESS LISTS, AND EXHIBIT LISTS IS EXTENDED TO SEPTEMBER 5, 2025. HEARING SET FOR 09/17/2025 AT 09:00 AM. EVIDENTIARY HEARING. NOTICE ISSUED
  14. HEARING SCHEDULED FOR 08/27/2025 AT 09:30 AM IS CANCELLED.
  15. DEFENDANT(S) CITY OF BROADVIEW HEIGHTS(D1) and CITY OF BROADVIEW HEIGHTS(D2)'S MOTION FOR CONTINUANCE KEVIN M. BUTLER 0074204A. ^F^ JOINT MOTION FOR CONTINUANCE OF DATES RELATED TO EVIDENTIARY HEARING
  16. REPLY BRIEF FILED BY PLAINTIFF(S) SHEETZ, INC.(P1) and RITEOH, LLC(P2) DIANE A CALTA 0070453 REPLY BRIEF TO APPELLEES' ADMINISTRATIVE APPEAL BRIEF
  17. PURSUANT TO R.C. 2506.03(A)(5), THE PLANNING COMMISSION FAILED TO FILE WITH THE TRANSCRIPT CONCLUSIONS OF FACT SUPPORTING THE FINAL ORDER, AND THEREFORE THE COURT MUST ACCEPT ADDITIONAL EVIDENCE AND HOLD AN EVIDENTIARY HEARING PURSUANT TO R.C. 2506.03(B). THE COURT ACCEPTS AS PART OF THE TRANSCRIPT OF THIS APPEAL THE VERBATIM COURT REPORTER TRANSCRIPTS OF THE PLANNING COMMISSION MEETINGS ON FEBRUARY 12, 2025 AND FEBRUARY 26, 2025, WHICH WERE SUBMITTED AS ATTACHMENTS TO APPELLANTS' BRIEF, FILED 6/10/2025. THE COURT SCHEDULES AN EVIDENTIARY HEARING AS FOLLOWS: HEARING SET FOR 08/27/2025 AT 09:30 AM. NO LATER THAN 7/25/2025, ALL PARTIES SHALL FILE PRE-HEARING STATEMENTS, INCLUDING A BRIEF DESCRIPTION OF THE EVIDENCE TO BE INTRODUCED AT THE HEARING, WITNESS LISTS, AND EXHIBIT LISTS. NOTICE ISSUED
  18. BRIEF FILED BY DEFENDANT(S) CITY OF BROADVIEW HEIGHTS(D1) and CITY OF BROADVIEW HEIGHTS(D2) KEVIN M. BUTLER 0074204A BRIEF OF APPELLEES CITY OF BROADVIEW HEIGHTS AND CITY OF BROADVIEW HEIGHTS PLANNING COMMISSION
  19. APPELLANTS' UNOPPOSED MOTION FOR BRIEF EXTENSION TO REMAINING BRIEFING SCHEDULE, FILED 06/24/2025, IS GRANTED. APPELLEE BRIEF DUE 6/30/2025. APPELLANT'S REPLY BRIEF DUE 7/11/2025. NOTICE ISSUED
  20. CMC BY PHONE SCHEDULED FOR 07/16/2025 AT 09:45 AM IS CANCELLED.
  21. MOTION FOR EXTENSION OF TIME APPELLANTS' UNOPPOSED MOTION FOR BRIEF EXTENSION TO REMAINING BRIEFING SCHEDULE
  22. GENERAL PLEADING FILED BY PLAINTIFF(S) SHEETZ, INC.(P1) and RITEOH, LLC(P2) ATTORNEY DIANE A CALTA 0070453 REPLY TO APPELLEES' RESPONSE TO APPELLANTS' MOTION TO SUBMIT ADDITIONAL EVIDENCE AND REQUEST FOR EVIDENTIARY HEARING
  23. CMC BY PHONE SET FOR 07/16/2025 AT 09:45 AM ATTORNEYS AND ANY PRO SE PARTIES TO CALL INTO THE CONFERENCE LINE AT THE APPROPRIATE TIME: (267)807-9611, ACCESS CODE 397453. NOTICE ISSUED
  24. BRIEF FILED BY DEFENDANT(S) CITY OF BROADVIEW HEIGHTS(D1) and CITY OF BROADVIEW HEIGHTS(D2) KEVIN M. BUTLER 0074204A RESPONSE TO APPELLANTS' MOTION TO SUBMIT ADDITIONAL EVIDENCE AND REQUEST FOR EVIDENTIARY HEARING
  25. BRIEF FILED BY PLAINTIFF(S) SHEETZ, INC.(P1) and RITEOH, LLC(P2) DIANE A CALTA 0070453 APPELLANTS' ADMINISTRATIVE APPEAL BRIEF
  26. THE COURT IS IN RECEIPT OF APPELLANT'S MOTION TO SUBMIT ADDITIONAL EVIDENCE AND REQUEST FOR EVIDENTIARY HEARING. THE COURT SETS THE FOLLOWING EXPEDITED BRIEFING SCHEDULE TO ADDRESS THIS ISSUE: APPELLEE BRIEF IN OPPOSITION DUE 6/16/2025. APPELLANT'S REPLY BRIEF DUE 6/20/2025. NOTICE ISSUED
  27. MOTION FILED FOR PLAINTIFF(S) SHEETZ, INC.(P1) and RITEOH, LLC(P2) DIANE A CALTA 0070453 PLAINTIFFS-APPELLANTS' MOTION TO SUBMIT ADDITIONAL EVIDENCE AND REQUEST FOR EVIDENTIARY HEARING
  28. PURSUANT TO LOCAL RULE 28, THE COURT SETS THE FOLLOWING BRIEFING SCHEDULE: APPELLANT'S BRIEF DUE 6/10/2025. APPELLEE'S BRIEF DUE 6/25/2025. APPELLANT'S REPLY BRIEF DUE 7/2/2025. NOTICE ISSUED
  29. GENERAL PLEADING FILED BY DEFENDANT(S) CITY OF BROADVIEW HEIGHTS(D1) and CITY OF BROADVIEW HEIGHTS(D2) ATTORNEY KEVIN M. BUTLER 0074204A COMPLETE TRANSCRIPT OF THE HEARING IN THE ADMINISTRATIVE APPEAL BEFORE THE PLANNING COMMISSION OF THE CITY OF BROADVIEW HEIGHTS (VOLUME 4)
  30. GENERAL PLEADING FILED BY DEFENDANT(S) CITY OF BROADVIEW HEIGHTS(D1) and CITY OF BROADVIEW HEIGHTS(D2) ATTORNEY KEVIN M. BUTLER 0074204A COMPLETE TRANSCRIPT OF THE HEARING IN THE ADMINISTRATIVE APPEAL BEFORE THE PLANNING COMMISSION OF THE CITY OF BROADVIEW HEIGHTS (VOLUME 3)
  31. GENERAL PLEADING FILED BY DEFENDANT(S) CITY OF BROADVIEW HEIGHTS(D1) and CITY OF BROADVIEW HEIGHTS(D2) ATTORNEY KEVIN M. BUTLER 0074204A COMPLETE TRANSCRIPT OF THE HEARING IN THE ADMINISTRATIVE APPEAL BEFORE THE PLANNING COMMISSION OF THE CITY OF BROADVIEW HEIGHTS (VOLUME 2)
  32. GENERAL PLEADING FILED BY DEFENDANT(S) CITY OF BROADVIEW HEIGHTS(D1) and CITY OF BROADVIEW HEIGHTS(D2) ATTORNEY KEVIN M. BUTLER 0074204A COMPLETE TRANSCRIPT OF THE HEARING IN THE ADMINISTRATIVE APPEAL BEFORE THE PLANNING COMMISSION OF THE CITY OF BROADVIEW HEIGHTS (VOLUME 1)
  33. CMC BY PHONE SCHEDULED FOR 06/16/2025 AT 09:45 AM IS CANCELLED.
  34. CMC BY PHONE SET FOR 06/16/2025 AT 09:45 AM ATTORNEYS AND ANY PRO SE PARTIES TO CALL INTO THE CONFERENCE LINE AT THE APPROPRIATE TIME: (267)807-9611, ACCESS CODE 397453. NOTICE ISSUED
  35. MOTION OF APPELLEES FOR SEVEN-DAY EXTENSION WITHIN WHICH TO FILE TRANSCRIPT, FILED 05/12/2025, IS GRANTED. APPELLEES TO FILE THE TRANSCIRPT ON OR BEFORE 5/19/2025. NOTICE ISSUED
  36. NOTICE OF APPEARANCE, FILED DEFENDANT(S) CITY OF BROADVIEW HEIGHTS(D1) and CITY OF BROADVIEW HEIGHTS(D2) KEVIN M. BUTLER 0074204A. NOTICE OF APPEARANCE OF ADDITIONAL COUNSEL FOR APPELLEES
  37. MOTION FOR EXTENSION OF TIME MOTION OF APPELLEES FOR SEVEN-DAY EXTENSION WITHIN WHICH TO FILE TRANSCRIPT
  38. NOTICE OF APPEARANCE, FILED DEFENDANT(S) CITY OF BROADVIEW HEIGHTS(D1) and CITY OF BROADVIEW HEIGHTS(D2) KEVIN M. BUTLER 0074204A. NOTICE OF APPEARANCE OF COUNSEL FOR APPELLEES
  39. PLAINTIFF'S MOTION TO CONSOLIDATE FILED, FILED 04/07/2025, IS DENIED. NOTICE ISSUED
  40. USPS RECEIPT NO. 56500473 DELIVERED BY USPS 03/31/2025 CITY OF BROADVIEW HEIGHTS PROCESSED BY COC 04/09/2025.
  41. USPS RECEIPT NO. 56500472 DELIVERED BY USPS 03/31/2025 CITY OF BROADVIEW HEIGHTS PROCESSED BY COC 04/09/2025.
  42. MOTION TO CONSOLIDATE FILED
  43. CERTIFIED MAILER(56500473) SENT BY CERTIFIED MAIL. TO: CITY OF BROADVIEW HEIGHTS 9543 BROADVIEW ROAD BROADVIEW HEIGHTS, OH 44147
  44. CERTIFIED MAILER(56500472) SENT BY CERTIFIED MAIL. TO: CITY OF BROADVIEW HEIGHTS 9543 BROADVIEW ROAD BROADVIEW HEIGHTS, OH 44147
  45. SUMMONS E-FILE COPY COST
  46. SUMMONS E-FILE COPY COST
  47. JUDGE SHANNON M GALLAGHER ASSIGNED (RANDOM)
  48. LEGAL RESEARCH
  49. LEGAL NEWS
  50. LEGAL AID
  51. COURT SPECIAL PROJECTS FUND
  52. COMPUTER FEE
  53. CLERK'S FEE
  54. DEPOSIT AMOUNT PAID DIANE A CALTA

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