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STATE, EX REL. GATEWAY v. BOARD

No. 2563.

112 Ohio App. 238 (1960)

THE STATE, EX REL. GATEWAY REALTY CO., APPELLANT, v. KIEFABER ET AL., BOARD OF COUNTY COMMISSIONERS OF MONTGOMERY COUNTY, APPELLEES.

Court of Appeals of Ohio, Montgomery County.

Decided February 17, 1960.

Attorney(s) appearing for the Case

Messrs. Pickrel, Schaeffer & Ebeling and Mr. James F. Barnhart, for appellant.

Mr. Mathias H. Heck, prosecuting attorney, and Mr. William L. Falknor, for appellees.

KERNS, J.

This is an appeal on questions of law from the Common Pleas Court of Montgomery County, Ohio.

The facts are not disputed. In 1955, the Gateway Realty Company, appellant herein, leased certain real estate from Lawson Jaffe for a period of ninety nine (99) years. In 1958, the Commissioners of Montgomery County, appellees herein, passed a resolution proposing the relocation of a road over the leased premises...

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