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WEIR, DIR. OF TRANSPORTATION, v. CONSOLIDATED RAIL CORP.

No. 45679.

12 Ohio App. 3d 63 (1983)

WEIR, DIR. OF TRANSPORTATION, APPELLANT, v. CONSOLIDATED RAIL CORP. ET AL., APPELLEES.

Court of Appeals of Ohio, Cuyahoga County.

Decided August 2, 1983.

Attorney(s) appearing for the Case

Mr. Anthony J. Celebrezze, Jr., attorney, general, and Mr. Vincent P. Korey, for appellant.

Messrs. Weston, Hurd, Fallon, Paisley & Howley and Mr. Mark O'Neill, for appellees.

JACKSON, J.

This is an appeal from a decision of the probate court, ordering the Ohio Department of Transportation to pay the expenses of the Buckeye Pipeline Co. ("Buckeye") for relocation of its pipeline. The Director of Transportation has appealed, assigning four errors for review.1

The state of Ohio is constructing a limited-access highway, called I-480, largely with federal funds. The Director of Transportation has seized...

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