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CITY OF CINCINNATI v. SMITH

No. 11441.

29 Ohio App. 2d 172 (1971)

CITY OF CINCINNATI, APPELLANT, v. SMITH ET AL., APPELLEES.

Court of Appeals of Ohio, Hamilton County.

Decided May 17, 1971.

Attorney(s) appearing for the Case

Mr. William A. McClain and Mr. Robert S. Holzman, for appellant.

Messrs. Goldman, Cole & Putnick and Mr. Theodore M. Berry, for appellees.

YOUNG, J.

This is an appeal on questions of law from the action of the Common Pleas Court of Hamilton County in granting the motion of the defendants, property owners, to strike the petition, declaration of intent and motion for declaration of value, filed by the plaintiff, from the files.

It is undisputed that the city of Cincinnati, exercising its authority to appropriate real property under the provisions of R. C. Chapter 163, filed a suit against the defendants...

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