STATE EX REL. SPENCER v. EAST LIVERPOOL PLANNING COMM.

No. 97-555.

80 Ohio St.3d 297 (1997)

THE STATE EX REL. SPENCER, APPELLANT, v. EAST LIVERPOOL PLANNING COMMISSION, APPELLEE.

Supreme Court of Ohio.

Decided November 19, 1997.


Attorney(s) appearing for the Case

Betras & Dann, Marc E. Dann and Jeffrey A. Rodgers, for appellant.

G. Thomas Rodfong, East Liverpool Law Director, for appellee.


Per Curiam.

Spencer asserts in his sole proposition of law that the court of appeals erred in granting the planning commission's motion for summary judgment and denying the requested writ of mandamus. Before summary judgment may be granted, it must be determined that (1) no genuine issue as to any material fact remains to be litigated, (2) the moving party is entitled to judgment as a matter of law, and (3) it appears from the evidence that reasonable...

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