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MASHETER v. KEBE

No. 75-1038.

49 Ohio St. 2d 148 (1976)

MASHETER, DIR. OF HIGHWAYS, APPELLANT, v. KEBE ET AL., APPELLEES.

Supreme Court of Ohio.

December 30, 1976.

Attorney(s) appearing for the Case

Mr. William J. Brown, attorney general, Mr. Donald J. Guittar, Mr. Alan M. Wolk, Mr. Eugene P. Krent and Mr. Daniel P. Ruggiero, for appellant.

Messrs. Merkel, Campbell, Dill & Zetzer, Mr. Michael T. Gavin and Mr. Eli Manos, for appellees.

CORRIGAN, J.

I A.

There are two points of dispute for our resolution in this appeal. As asserted by appellant, the first is as follows:

"In an approriation proceeding an expert witness may not testify to a highest and best use that is not allowable under the existing zoning regulations."

In support of this declared proposition of law, appellant cites the decisions of this court in

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