home *** CD-ROM | disk | FTP | other *** search
- FILED
- 91 JAN-8 PM 3:35
- CLERK U.S. DISTRICT COURT
- NORTHERN OHIO DISTRICT
- EASTERN DIVISION
-
-
- UNITED STATES DISTRICT COURT
- NORTHERN DISTRICT OF OHIO
- EASTERN DIVISION
-
- JAMES D. MacMILLAN ) 1:87CV2820
- Plaintiff, )
- v. )
- CITY OF ROCKY RIVER, et al., )
- Defendants. ) JUDGMENT ENTRY
- --------------
-
- BATTISTI, C.J.
-
- In accordance with Orders filed on September 21,1990,
- November 13, 1990 and January 8, 1991,
-
- IT IS HEREBY ORDERED, ADJUDGED AND DECREED that:
- (1) Defendant's motion for summary judgement is GRANTED to
- the extent that sec. 1333.02 and 1143.10(b) of the Codified
- Ordinances of the City of Rocky River are held to be facially
- valid, and the Building Commissioner and members of the Board
- of Zoning and Building Appeals of the City of Rocky River are
- found to have qualified immunity from damages; (2) Plaintiff's
- motion is GRANTED to the extent that the process employed by
- the City of Rocky River in denying his application to erect an
- antenna is declared invalid; (3) Plaintiff's motion for an award
- of attorney's fees persuant to 42 U.S.C. sec. 1988 is GRANTED;
- and (4) attorney's fees in the amount of $14,091.05 (fourteen
- thousand, ninty-one dollars and five cents) are approved.
-
-
- Frank J. Battisti
- United States District Judge
-
- ---------------------------------------------------------------------
-
- NOTE from WA8ZHN: on the city's insurance, there is a $5,000 deductable
- which they must pay. The balance will come from the
- insurance company. There is an election this fall
- and this is PUBLIC RECORD. HI HI / 73 & PRBWON!
-