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DIR. OF HIGHWAYS v. KLEINES

No. 73-501.

38 Ohio St. 2d 317 (1974)

IN RE APPROPRIATION OF PROPERTY FOR HIGHWAY PURPOSES: DIR. OF HIGHWAYS, APPELLANT, v. KLEINES ET AL., APPELLEES.

Supreme Court of Ohio.

Decided June 26, 1974.

Attorney(s) appearing for the Case

Mr. William J. Brown, attorney general, Mr. Donald J. Guittar, Mr. John L. Wolfe, Mr. Edward J. Wood and Mr. Harry N. Kandel, for appellant.

Brouse & McDowell Co., L. P. A., Miss Linda B. Kersker and Mr. Andrew J. Michaels, for appellees.

O'NEILL, C. J.

Appellant frames the issue in this appeal in a single proposition of law, as follows:

"Under Civil Rule 42(A), the Common Pleas Court has no discretion to consolidate appropriation cases filed under Chapter 5519, Revised Code, without the consent of both the property owner and the state of Ohio. It is an abuse of discretion for the trial court, without the consent of the Director of Highways, to consolidate four cases for trial involving four...

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