3733 Park East Drive
Suite 200
Beachwood, Ohio 44122

About Berns, Ockner & Greenberger, LLC

Berns Ockner was formed in 2002 and its attorneys are all former members of large Cleveland-area law firms. They determined that they could better serve their clients by concentrating the firm members' resources and focusing their practice in an area of law especially pertinent to their clients' needs. The firm has since its beginning been located in Beachwood, Ohio.

Berns Ockner's reputation is built primarily on its land use, planning, and zoning law practice. The firm's experience across the land use and development spectrum enables it to service a wide range of clients. In addition to representing local, regional, and national land developers, home builders, department stores and retail chains, the firms' attorneys have assisted clients from Fortune 100 and 500 companies to local construction companies and retail businesses; from national and publicly traded telecommunication companies to regional colleges, universities, and religious institutions. Berns Ockner's attorneys were involved in the zoning for numerous shopping centers, housing developments and mixed-use developments in northeastern Ohio, including: Steelyard Commons (Cleveland), Beachwood Place (Beachwood), Legacy Village (Lyndhurst), Avon Commons (Avon), Newell Creek (Mentor), Macintosh Farms (Broadview Heights), and Montrose Park (Copley Twp.). The breadth of Berns Ockner's experience informs its agile problem solving approach to the legal and land use issues these clients face.

Berns Ockner attorneys conscientiously keep themselves abreast of the ever-changing law affecting their clients' interests. But they also firmly grasp the economics of business and commercial decision making, and the political dimension to so many local land use and development issues. Berns Ockner accounts for these and other factors in its advice and regards them to be every bit as important as the technical procedures that lead to success for its clients.

Beyond the pride it takes in its legal acumen and analytical dexterity, Berns Ockner attributes its effectiveness primarily to its commitment to professionalism. Berns Ockner studiously nurtures its relationship with its clients, with opposing counsel, with the state and federal court personnel before whom it practices, and with the officials in the communities with which Berns Ockner works. The firms' attorneys carefully guard the credibility Berns Ockner earns through its repeated contacts with federal, state and local officials, including judges, elected officials, community planners, law directors, and other personnel. That reputation for integrity is not only among Berns Ockner's most cherished assets, it proves an unfailing advantage in the firm's advocacy on its clients' behalf. The attorneys of Berns Ockner are deeply committed to the highest standards of professionalism and work continuously to honor the best traditions of the practice of law.

Berns Ockner is also made up of skilled trial attorneys. The firm has ample experience litigating and trying direct challenges to the constitutionality of zoning ordinances and appeals from administrative decisions denying, for example, a client's use variance or conditional use permit. Our attorneys have litigated through the Ohio Supreme Court the current controlling authority in this State on the standard to be employed in determining the constitutionality of zoning ordinances. The firm has a substantial eminent domain and regulatory takings practice. Berns Ockner's litigation background includes a sizable construction litigation practice too, from mechanic's liens and prompt pay act claims to the various breach of design-build and general/sub-contracts comprising most construction projects. Other areas within the firm's litigation expertise include trade secrets and unfair competition including enforcement of non-competition agreements, insurance coverage, uniform commercial code issues, and other business and tort claims.

A Sample of Berns Ockner's Contributions to Ohio Law

The following are a just some of the reported cases in which Berns Ockner attorneys have participated:

Decisions by the Supreme Court of Ohio

• State ex rel. Committee for the Referendum of Ord. No. 3844-02 v. Norris, 99 Ohio St.3d 336, 2003-Ohio-3887
• Katz v. Ohio Insurance Guaranty Association, 103 Ohio St.3d 4, 2004-Ohio-4109
• State ex rel. Shemo v. City of Mayfield Heights, 95 Ohio St.3d 59, 2002-Ohio-1627
• State ex rel. Webb v. Bliss, 99 Ohio St.3d 166, 2003-Ohio-3049
• Christe v. GMS Management Co., 88 Ohio St.3d 376, 2000-Ohio-351
• State ex rel. Shemo v. City of Mayfield Heights, 93 Ohio St.3d 1, 2001-Ohio-1294
• State ex rel. Bona v. Village of Orange, 85 Ohio St.3d 18, 1999-Ohio-431
• Shemo v. Mayfield Heights, 88 Ohio St.3d 7, 2000-Ohio-258
• Jones v. Village of Chagrin Falls, 77 Ohio St.3d 456, 1997-Ohio-253
• Goldberg Companies, Inc. v. Council of the City of Richmond Heights, 81 Ohio St.3d 207, 1998-Ohio-456
• State ex rel. Citizens for a Better Beachwood v. Cuyahoga County Board of Elections (1991), 62 Ohio St.3d 167
• State ex rel. Bogart v. Cuyahoga County Board of Elections (1993), 67 Ohio St.3d 554
• Spercel v. Sterling Industries, Inc. (1972), 31 Ohio St.2d 36
• State ex rel. GMS Management Co. v. Callahan (1989), 45 Ohio St.3d 51

Decisions by the Ohio Courts of Appeals

• State ex rel. Republic Services of Ohio II, L.L.C. v. Board of Township Trustees, 5th Dist. No. 2006CA00153, 2007-Ohio-2086
• State ex rel. Republic Services of Ohio II, L.L.C. v. Pike Township Board of Trustees, 5th Dist. No. 2007CA00344, 2009-Ohio-172
• Pinkney v. Southwick Investments, L.L.C., 8th Dist. No. 85074, 2005-Ohio-4167
• Dade v. City of Bay Village, 8th Dist. No. 87728, 2006-Ohio-6416
• Dyke v. City of Shaker Heights, 8th Dist. No. 83010, 2004-Ohio-514
• Provenzale v. Planning Commission of Bedford Heights, 8th Dist. No. 83527, 2004-Ohio-3468
• Siwik v. City of Shaker Heights, 8th Dist. No. 82390, 2003-Ohio-5502
• Fields v. Bloom Township, 154 Ohio App.3d 416, 2003-Ohio-5018
• Marshall v. U.S. Home Corp., 9th Dist. No. 20573, 2002-Ohio-821
• Antush v. City of North Ridgeville, 9th Dist. No. 02CA008161, 2003-Ohio-3164
• Leifheit v. Board of Zoning Appeals of Palmyra Township (June 22, 2001), 11th Dist. No. 99-P-0112, 2001 Ohio App. LEXIS 2804
• Ramey v. Berns Properties, Inc., 8th Dist. No. 79746, 2002-Ohio-663
• Equity Inns Partnership, L.P. v. Yun (Oct. 29, 1999), 8th Dist. No. 74160, 1999 Ohio App. LEXIS 5052

Decisions by the Federal 6th Circuit Court of Appeals and the Federal District Courts of Ohio

• Chelm Management Co. v. Wieland-Davco Corp. (6th Cir. 2001), 23 Fed. Appx. 430, 2001 U.S. App. LEXIS 24297
• Providence Baptist Church v. Hillandale Committee, Ltd.(6th Cir. 2005), 425 F.3d 309
• Fonseca v. Consolidated Rail Corp. (6th Cir. 2001), 246 F.3d 585
• Riddle v. Egensperger (6th Cir. 2001), 266 F.3d 542
• Friedman v. City of Willoughby (N.D. Ohio, Oct. 1, 1980), No. C78-520, 1980 U.S. Dist. LEXIS 17827
• Roth Steel Products, Co. v. Sharon Steel Corp. (6th Cir. 1983), 705 F.2d 134

"Private property and freedom are inseparable."

- George Washington