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STATE EX REL. TAYLOR v. WHITEHEAD

No. 81-1487.

70 Ohio St. 2d 37 (1982)

THE STATE, EX REL. TAYLOR ET AL., APPELLANTS, v. WHITEHEAD, ZONING INSPECTOR, ET AL., APPELLEES.

Supreme Court of Ohio.

Decided May 5, 1982.

Attorney(s) appearing for the Case

Mr. Horace W. Baggott, for appellants.

Mr. James F. Brandabur, Messrs. Miller, Finney & Clark, Mr. Robert A. Miller and Mr. Paul W. Barrett, for appellees.

CELEBREZZE, C. J.

The issue presented for this court's resolution is whether the use of the land by a public utility results in an unconstitutional taking of the neighboring landowners' property rights.

Appellants contend that the use of land by a public utility not possessing the power of eminent domain, in violation of township zoning regulations, is an unconstitutional taking, without compensation of neighboring property owners' right of enjoyment. They...

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