Petition DENIED. (orders list)

DISTRIBUTED for Conference of January 9, 2009.

Brief amicus curiae of Pacific Legal Foundation filed.

Brief of respondent City of Cincinnati, Ohio in opposition filed.

Petition for a writ of certiorari filed. (Response due December 5, 2008)

Cleveland Construction, Inc., Petitioner, represented by W. Kelly Lundrigan

City of Cincinnati, Ohio, Respondent, represented by Mary Frances Clark

Pacific Legal Foundation, Amicus Curiae, represented by Sharon L. Browne