State ex rel. Gilbert v. Cincinnati

State: Ohio

Docket No: 2008-0029 & 2009-0753

Case Date: 04/08/2010

Plaintiff: State ex rel. Gilbert

Defendant: Cincinnati

Preview:[Cite as State ex rel. Gilbert v. Cincinnati, 125 Ohio St.3d 385, 2010-Ohio-1473.]

THE STATE EX REL. GILBERT ET AL., APPELLANTS AND CROSS-APPELLEES, v. CITY OF CINCINNATI ET AL., APPELLEES AND CROSS-APPELLANTS. [Cite as State ex rel. Gilbert v. Cincinnati, 125 Ohio St.3d 385, 2010-Ohio-1473.] Appeal and cross-appeal from court of appeals' judgment granting writ of mandamus to compel city to commence an appropriation proceeding for physical taking (sanitary-sewer overflow onto property) and denying writ of mandamus to compel city to commence an appropriation proceeding for alleged regulatory taking (city's failure to upgrade sewage system to allow property owner to connect to sewer) -- Court of appeals' judgment affirmed. (Nos. 2008-0029 and 2009-0753 -- Submitted March 31, 2010 -- Decided April 8, 2010.) APPEAL and CROSS-APPEAL from the Court of Appeals for Hamilton County, No. C-070166, 174 Ohio App.3d 89, 2007-Ohio-6332, and 2009-Ohio-1078. __________________ Per Curiam. {

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