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FOGLE v. RICHLEY

No. 77-40.

55 Ohio St. 2d 142 (1978)

[THE STATE, EX REL.] FOGLE ET AL., APPELLANTS, v. RICHLEY, DIR., APPELLEE.

Supreme Court of Ohio.

Decided July 19, 1978.

Attorney(s) appearing for the Case

Mr. William F. Brown, for appellants.

Mr. William J. Brown, attorney general, Mr. Donald J. Guittar and Mr. Charles E. Connor, for appellee.

Per Curiam.

The substance of appellants' claim is that the state must reappropriate the land in question. Appellants reason that the recitation in the appropriation by the Cleveland, Columbus and Cincinnati Railroad Company over a century ago that the taking was for the purpose of constructing and operating a railroad requires its continued use for that purpose. The object of that recitation was to describe the...

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