N. OLMSTED v. ELIZA JENNINGS, INC.

No. 66965.

101 Ohio App.3d 652 (1995)

CITY OF NORTH OLMSTED, Appellee, v. ELIZA JENNINGS, INC., Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Decided March 13, 1995.


Attorney(s) appearing for the Case

Michael R. Gareau and James M. Dubelko, for appellee.

Calfee, Halter & Griswold, Mark I. Wallach and Marilyn G. Zack, for appellant.


JAMES D. SWEENEY, Judge:

Defendant-appellant Eliza Jennings, Inc. ("Jennings") appeals the trial court's decision granting the motion for summary judgment of plaintiff-appellee city of North Olmsted ("city"). The procedural history of this case is crucial for its determination, and the essential facts are adduced below.

On May 9, 1988 the appellant filed a writ of mandamus with this court. The writ was granted and appealed to the Ohio Supreme Court. In

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