BROWN v. PRESTON

No. 2755.

119 Ohio App. 207 (1963)

[STATE, EX REL.] BROWN ET AL., v. PRESTON, DIR.

Court of Appeals of Ohio, Montgomery County.

Decided January 18, 1963.


Attorney(s) appearing for the Case

Mr. Mason Douglass, for relators.

Mr. Mark McElroy, attorney general, Mr. Richard D. Young, Mr. James J. Gilvary and Mr. Thomas F. Folino, for respondent.


CRAWFORD, P. J.

Relators allege they are the owners of a long-term lease of certain premises which the respondent has taken for highway purposes without compensation and without following the statutory procedure for appropriation. They pray for a writ of mandamus requiring the director to proceed under the law provided for appropriation proceedings.

Respondent has filed a motion to quash the service of summons because of lack of venue. He cites Section 5501...

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