STATE EX REL. BRAMAN v. MASHETER

No. 39763.

5 Ohio St. 2d 197 (1966)

THE STATE, EX REL. BRAMAN, APPELLANT, v. MASHETER, DIRECTOR OF HIGHWAYS, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided March 9, 1966.


Attorney(s) appearing for the Case

Mr. Melvin J. Singer, for appellant.

Mr. William B. Saxbe, attorney general, Mr. I. Charles Rhoads, Mr. George E. Mastics and Mr. Eli Manos, for appellee Director of Highways.

Mr. Bronis J. Klementowicz, director of law, Mr. Frank R. Klause and Mr. Harry Auslander, for appellee city of Cleveland.


Per Curiam.

The questions presented by this appeal are whether the Court of Appeals erred in granting the motion to quash service of summons and in sustaining the demurrer to the petition.

It is provided in Section 5501.18, Revised Code:

"The Director of Highways shall not be suable, either as a sole defendant or jointly with other defendants, in any court outside Franklin County except * * * by a property owner to prevent the taking of property...

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