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SMITH v. GILBRAITH

No. 1355.

48 Ohio App. 3d 47 (1988)

SMITH, DIRECTOR, APPELLEE, v. GILBRAITH ET AL., APPELLANTS.

Court of Appeals of Ohio, Ashtabula County.

Decided May 9, 1988.

Attorney(s) appearing for the Case

Anthony J. Celebrezze, Jr., attorney general, John C. Thorne, Jr., and Michael L. Squillace, for appellee.

Gregory J. Brown, prosecuting attorney, J. Walter Dragelevich and James M. Lemieux, for appellants.

CHRISTLEY, J.

Plaintiff-appellee, Warren J. Smith, the Ohio Director of Transportation, filed a petition to appropriate certain property in Ashtabula County, Ohio, in the Court of Common Pleas of Ashtabula County, on September 18, 1986. Appellee's petition stated that the purpose of this appropriation was for "the making or repairing of roads," specifically Interstate 90, and that he complied with the provisions of R.C. 163.04.

Defendants-appellants, Alice...

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