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HOLDING CORP. OF OHIO v. DUBLIN

No. 93APE10-1503.

94 Ohio App.3d 756 (1994)

HOLDING CORPORATION OF OHIO, Appellee, v. CITY OF DUBLIN, Appellant, et al.

Court of Appeals of Ohio, Franklin County.

Decided May 12, 1994.

Attorney(s) appearing for the Case

Havens, Willis & Erney, Skrobot & Fisher, James R. Havens, Robert D. Erney; Lucas, Prendergast, Albright, Gibson & Newman and Robert E. Albright, for appellee Holding Corporation of Ohio.

Squire, Sanders & Dempsey, David J. Young, C. Craig Woods, Keith Shumate; Carlile, Patchen & Murphy, Stephen J. Smith and Mitchell H. Banchefsky, for appellant city of Dublin, Ohio.

Baker & Hostetler, John H. Burtch and David C. Levine, for amicus curiae Ohio Association of Realtors.

John E. Gotherman, for amicus curiae Ohio Municipal League.

Neal M. Janey, for amicus curiae National Institute of Municipal Law Officers.

TYACK, Judge.

On December 23, 1992, Holding Corporation of Ohio filed a complaint in the Franklin County Court of Common Pleas against the city of Dublin ("Dublin") and the Franklin County Treasurer and Auditor, alleging that a special assessment against one of its parcels (hereinafter "Parcel 372") exceeded the special benefit conferred upon Parcel 372 and was therefore unconstitutional. Holding Corporation requested the assessment be enjoined.

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