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BAYER v. CITY OF NORTH COLLEGE HILL

No. C-850182.

31 Ohio App. 3d 208 (1986)

BAYER ET AL., APPELLEES, v. CITY OF NORTH COLLEGE HILL, APPELLANT; KNUF ET AL.

Court of Appeals of Ohio, Hamilton County.

Decided May 28, 1986.

Attorney(s) appearing for the Case

Henry E. Woodard, Jr., for appellees James C. and Betty E. Bayer, John S. Schrenk, Kenneth J. and Patricia A. Tonnis, and Lloyd C. and Lenora Fritsch.

Dolores A. Dunn, for appellant.

BLACK, J.

The dispute in this case concerns the disposition of property that had been dedicated on a subdivision plat as a public street but was never used for that purpose. Although appellant presents the issue as a conflict between the right of the city to convey property that is not needed for municipal purposes and the rights of abutting landowners to seek vacation of a street, the dispositive issue on appeal is whether, under R.C. 723.09, the court of common...

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