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STATE EX REL. GOLDSBERRY v. WEIR

No. 77AP-578.

60 Ohio App. 2d 149 (1978)

THE STATE EX REL. GOLDSBERRY, v. WEIR, DIRECTOR.

Court of Appeals of Ohio, Franklin County.

Decided June 22, 1978.

Attorney(s) appearing for the Case

Messrs. Stanhope, Holmes & Hirsch, for relator.

Mr. William J. Brown, attorney general, Mr. Donald J. Guittar and Mr. Perry R. Silverman, for respondent.

HOLMES, P. J.

This matter comes before the court as a complaint in mandamus to compel the Ohio Director of Transportation to initiate appropriation proceedings for soil and gravel removed from channel easements conveyed to the state by relator.

The complaint herein relates to construction of the Route 35 bypass of Chillicothe, Ohio, in 1965, by the former department of highways. It was determined that...

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