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STATE, EX REL. DILLE LAB. CORP. v. WODITSCH

No. 2462.

106 Ohio App. 541 (1958)

THE STATE, EX REL. DILLE LABORATORIES CORP., v. WODITSCH, DIR.

Court of Appeals of Ohio, Montgomery County.

Decided July 11, 1958.

Attorney(s) appearing for the Case

Messrs. Nolan, Boesch & Wolff, for relator.

Mr. Herbert S. Beane, city attorney, and Mr. Maurice J. Gilbert, for respondent.

CRAWFORD, J.

This is an action in mandamus originating in this court. Relator seeks a writ compelling the issuance of a building permit for the erection of a building upon its premises within the city of Dayton. Respondent, who is the duly authorized agent of the city in all such matters, refuses the permit for the sole reason that the premises will probably be required in the relocation of U. S. highway No. 25. The amended answer alleges that the question of the...

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