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ERIE METROPARKS BD. OF COMMRS. v. KEY TRUST CO. OF OHIO, N.A.

No. E-00-068.

145 Ohio App.3d 782 (2001)

ERIE METROPARKS BOARD OF COMMISSIONERS, Appellee and Cross-Appellant, v. KEY TRUST COMPANY OF OHIO, N.A., et al., Appellants and Cross-Appellees.

Court of Appeals of Ohio, Sixth District, Erie County.

Decided September 14, 2001.

Attorney(s) appearing for the Case

Abraham Lieberman and Dennis M. O'Toole, for appellee and cross-appellant.

D. Jeffery Rengel, Thomas R. Lucas, Anthony Logan and Peggy Kirk Hall, for appellants and cross-appellees.

SHERCK, Judge.

This is an appeal from a declaratory judgment issued by the Erie County Court of Common Pleas in a property dispute. Because the trial court's determination concerning the scope of the lease in question was proper, we affirm that portion of the court's decision. However, with respect to the court's determination that a prior breach of the terms of the lease rendered it void, we reverse.

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