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DUBLIN v. STATE

No. 99CVH-08-7007.

118 Ohio Misc.2d 18 (2002)

2002-Ohio-2431

CITY OF DUBLIN et al. v. The STATE of Ohio.

Court of Common Pleas of Ohio, Franklin County.

Decided April 1, 2002.

Attorney(s) appearing for the Case

Steven Smith, John Gilligan, Daniel Anderson and John C. McDonald, for plaintiff city of Dublin.

Sharon Hunter Pfancuff, for plaintiff city of Upper Arlington.

Betty D. Montgomery, Attorney General, Elizabeth Luper Schuster and Judith L. French, Assistant Attorneys General, for defendant state of Ohio.

DANIEL T. HOGAN, Judge.

Introduction

{¶ 1} Plaintiffs, the cities of Upper Arlington and Dublin, seek a declaration that R.C. Chapter 4939 ("Chapter 4939") is unconstitutional. It was enacted as a rider on an 855-page biennial appropriations bill. Chapter 4939 defines "public ways" so as to include any "public street, road, highway, public easement, or public waterway," including "the entire width of...

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