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STATE, EX REL. SCHIEDERER v. PRESTON.

No. 36372.

170 Ohio St. 542 (1960)

THE STATE, EX REL. SCHIEDERER, v. PRESTON, DIRECTOR OF HIGHWAYS, ET AL.

Supreme Court of Ohio.

Decided April 27, 1960.

Attorney(s) appearing for the Case

Mr. Hugh, E. Kirkwood, Jr., for relator.

Mr. Mark McElroy, attorney general, Mr. William E. Fowler, Jr., Mr. Russell Leach, city attorney, Mr. William D. Henry and Mr. Joseph D. Bryan, for respondents.

TAFT, J.

Relator is entitled to compensation for any property rights of relator that may have been taken from her by reason of the construction described in her petition; and we will assume that, as contended, mandamus is a proper remedy to require respondents to appropriate any property rights so taken. See State, ex rel. McKay, Exr., v. Kauer, Dir. of Highways, 156 Ohio St. 347

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