Banker's Choice, L.L.C. v. Cincinnati Zoning Bd. of Appeals

Citations

• 2019 Ohio 4854

Syllabus

REMAND ORDER – LAW OF THE CASE : After a remand of the cause from the appellate court, the trial court erred in failing to follow the narrow remand instructions that required it to apply a three-factor statutory test to its findings of fact by instead adopting the magistrate's decision that effectively vacated the trial court's earlier judgment, which had been affirmed in part by the appellate court in the earlier appeal: the trial court violated the law-of-the-case doctrine in failing to follow the appellate court's remand order.