Benjamin Ockner , Esq.

Mr. Ockner’s practice focuses primarily on zoning, land use, and real estate litigation, and business litigation. Along with Sheldon Berns, Mr. Ockner has been instrumental in obtaining successful outcomes in several major zoning and land use cases in the Ohio Supreme Court, including Goldberg Companies, Inc. v. Council of the City of Richmond Heights, 81 Ohio St.3d 207, 690 N.E.2d 510 (1998), which reestablished that the United States Supreme Court’s standard for determining the constitutional validity of zoning ordinances set forth in Village of Euclid v. Ambler Realty Co. applied in Ohio; State ex rel. Shemo v. Mayfield Heights, 95 Ohio St.3d 59 (2002), which established that property owners in Ohio may recover compensation from a municipality for the diminution in value of property during the time a municipality has enforced an unconstitutional zoning regulation against the property; State ex rel. Commt. for the Referendum of Ord. No. 3844-02 v. Norris, 99 Ohio St.3d 336 (2003), which overruled the Ohio Supreme Court’s earlier decision in State ex rel. Crossman Communities of Ohio, Inc. v. Greene Cty. Bd. of Elections, 87 Ohio St.3d 132 (1999), with respect to the proper treatment of planned unit developments; State ex rel. Webb v. Bliss, 99 Ohio St.3d 166 (2003); State, ex rel. Shemo v. Mayfield Heights, 93 Ohio St.3d 1 (2001); Shemo v. Mayfield Heights, 88 Ohio St.3d 7 (2000); and Jones v. Chagrin Falls, 77 Ohio St. 456 (1997).

Mr. Ockner has represented numerous local and national property owners and developers regarding zoning and land use issues throughout Ohio. Since the enactment of the Telecommunications Act of 1996, Mr. Ockner has represented numerous national telecommunications companies in the deployment of their wireless telecommunications networks in Ohio, including administrative proceedings and litigation in the Federal and State Courts of Ohio, and in a variety of other disputes pertaining to those companies’ wireless telecommunications sites. Mr. Ockner has also represented several non-profit organizations in their efforts to develop facilities for assisted living, supportive housing, and services for unhoused youth and young adults.