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STATE, EX REL. PIZZA, v. RAYFORD

No. 90-2068.

62 Ohio St.3d 382 (1992)

THE STATE, EX REL. PIZZA, PROS. ATTY., APPELLANT, v. RAYFORD, APPELLEE.

Supreme Court of Ohio.

Decided January 8, 1992.

Attorney(s) appearing for the Case

Anthony G. Pizza, Prosecuting Attorney, Steven J. Papadimos and Mark E. Lupe, for appellant.

Arnold N. Gottlieb, for appellee.

WRIGHT, J.

Does the failure of a court of common pleas, in contravention of R.C. 3767.04, to hold a preliminary injunction1 hearing in a nuisance abatement action within ten days of plaintiff's application for the same result in reversible error? For the reasons that follow, we answer that question in the negative, reverse the decision of the court of appeals, and reinstate the judgment below.

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