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SMITH v. SUMMIT CTY.

No. 19011.

131 Ohio App.3d 35 (1998)

SMITH et al., Appellants, v. SUMMIT COUNTY et al., Appellees.

Court of Appeals of Ohio, Ninth District, Summit County.

Decided December 30, 1998.

Attorney(s) appearing for the Case

Steven A. Beres, for appellants.

Maureen O'Connor, Summit County Prosecuting Attorney, and Allyson Miller Leonard, Assistant Prosecuting Attorney, for appellees.

DICKINSON, Judge.

Plaintiffs Gerald and Nellie Smith have appealed from a judgment of the Summit County Common Pleas Court that dismissed their case against defendants Summit County and Gene Esser, the Summit County Engineer. Plaintiffs have argued that the trial court incorrectly held that they could not maintain a mandamus action to require the county to institute eminent domain proceedings for depriving them of ground...

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