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STATE EX REL. STRATEGIC CAPITAL INVESTORS, LTD. v. McCARTHY

Nos. 18330 and 18627.

126 Ohio App.3d 237 (1998)

STATE ex rel. STRATEGIC CAPITAL INVESTORS, LTD., Appellant, v. McCARTHY, Auditor, et al., Appellees. STRATEGIC CAPITAL INVESTORS, LTD., Appellee and Cross-Appellant, v. McCARTHY, Auditor, et al., Appellees; Heritage Woods Neighbors Association, Appellant and Cross-Appellee.

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

Decided February 11, 1998.

Attorney(s) appearing for the Case

Andrew R. Duff, E. Marie Wheeler and Robert J. Nemer, for Strategic Capital Investors, Ltd.

Maureen O'Connor, Summit County Prosecuting Attorney, and Christopher Esker, Assistant Prosecuting Attorney, for Summit County Auditor, Summit County Recorder, and Summit County.

Jeffrey T. Witschey and Frank J. Witschey, for Heritage Woods Neighbors Association.

Robert A. Edwards, for amici curiae Copley Township and Summit County Council.

REECE, Judge.

The present case is a consolidated appeal from the Summit County Court of Common Pleas. In Summit Court of Appeals case No. 18330, Strategic Capital Investors, Ltd. ("SCI") appeals from the denial of a writ of mandamus. In Summit Court of Appeals case No. 18627, SCI and the Heritage Woods Neighbors Association ("Heritage Neighbors") present cross-appeals from a separate declaratory judgment action.

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