UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

┐ FIRST FLOOR LIVING LLC (22-3216); LUSH DESIGNS, │ LLC (22-3217), │ Plaintiffs-Appellants, > Nos. 22-3216/3217 │ │ v. │ │ CITY OF CLEVELAND, OHIO; LASTER LLC; BAUMANN │ ENTERPRISES, INC.; CUYAHOGA COUNTY LAND │ REUTILIZATION CORPORATION, │ Defendants-Appellees. │ ┘

Appeal from the United States District Court for the Northern District of Ohio at Cleveland. No. 1:21-cv-00018—J. Philip Calabrese, District Judge.

Argued: December 6, 2022

Decided and Filed: September 28, 2023

Before: SILER, GILMAN, and NALBANDIAN, Circuit Judges. _________________

COUNSEL ARGUED: Justin D. Stevenson, BOWER STEVENSON LLC, Cleveland, Ohio, for Appellants. Elena N. Boop, CITY OF CLEVELAND, Cleveland, Ohio, for Appellee City of Cleveland. Matthew P. Baringer, DAVIS & YOUNG, Willoughby Hills, Ohio, for Appellee Laster LLC. Richard C.O. Rezie, GALLAGHER SHARP LLP, Cleveland, Ohio, for Appellee Baumann Enterprises. Alayna K. Bridgett, HAHN LOESER & PARKS, LLP, Cleveland, Ohio, for Appellee Cuyahoga County Land Reutilization Corporation. ON BRIEF: Justin D. Stevenson, BOWER STEVENSON LLC, Cleveland, Ohio, for Appellants. Elena N. Boop, Nathaniel Hall, CITY OF CLEVELAND, Cleveland, Ohio, for Appellee City of Cleveland. Matthew P. Baringer, DAVIS & YOUNG, Willoughby Hills, Ohio, for Appellee Laster LLC. Phil Eckenrode, HAHN LOESER & PARKS, LLP, Cleveland, Ohio, for Appellee Cuyahoga County Land Reutilization Corporation. Robert P. Lynch, Jr., GALLAGHER SHARP LLP, Cleveland, Ohio, for Appellee Baumann Enterprises in case 22-3217 only. Nos. 22-3216/3217 First Floor Living LLC, et al. v. City of Cleveland, et al. Page 2

SILER, J., delivered the opinion of the court in which GILMAN, J., joined. NALBANDIAN, J. (pp. 16–18), delivered a separate opinion concurring in part and dissenting in part.

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OPINION _________________

SILER, Circuit Judge. In 2018, First Floor Living, LLC (“First Floor”) and Lush Designs, LLC (“Lush Designs”) (collectively “Plaintiffs”) each purchased real estate parcels in Cleveland for the purpose of rehabilitating and redeveloping the properties. First Floor’s property was located at 4400 Warner Road, and Lush Designs’ property was located at 7410 Linwood Avenue. Prior to Plaintiffs’ purchases, the City of Cleveland (“Cleveland”) declared the buildings on the properties public nuisances, condemned them, and ordered that they be demolished. Following the purchases, and after Plaintiffs had invested time and resources into renovating the buildings, Cleveland authorized private contractors to demolish them.

In 2021, following demolition of the buildings, Plaintiffs filed suit against Cleveland; Cuyahoga County Land Reutilization Corporation (“Land Bank”); Laster, LLC (Laster); and Baumann Enterprises, Inc. (“Baumann”) (collectively “Defendants”), arguing that the demolitions violated numerous state laws and federal constitutiona