STATE, EX REL. CINCINNATI GARAGE CO., v. BIRD

No. A-238343.

25 Ohio Misc. 69 (1970)

THE STATE, EX REL. CINCINNATI GARAGE CO. ET AL., v. BIRD ET AL.

Common Pleas Court of Hamilton County.

Decided October 23, 1970.


Attorney(s) appearing for the Case

Mr. Ambrose H. Lindhorst, for relator-plaintiff.

Mr. C. Robert Beirne, for respondent-defendants.


BETTMAN, J.

This case involves a determination whether the construction by the city of an elevated walkway above an existing sidewalk but within the confines of the street constitutes a taking of property rights of the abutting landowner for which it is entitled to compensation in damages or for which the court should issue a writ of mandamus ordering the city to institute an appropriation proceeding.

Plaintiff-relator is the owner of two parcels of real ...

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