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STATE EX REL. R.T.G., INC. v. STATE

Nos. 2001-0748 and 2001-0976.

98 Ohio St.3d 1 (2002)

2002-Ohio-6716

THE STATE EX REL. R.T.G., INC. ET AL., APPELLEES AND CROSS-APPELLANTS, v. THE STATE OF OHIO ET AL., APPELLANTS AND CROSS-APPELLEES. THE STATE EX REL. R.T.G., INC., APPELLANTS, v. THE STATE OF OHIO ET. AL., APPELLEES.

Supreme Court of Ohio.

Decided December 18, 2002.

Attorney(s) appearing for the Case

Porter, Wright, Morris & Arthur, L.L.P., Mark S. Stemm and J. Kenneth Thien, for R.T.G., Inc. et al.

Betty D. Montgomery, Attorney General, Mark G. Bonaventura and John P. Bartley, Assistant Attorneys General, for the state of Ohio et al.

R.S. Radford, for amicus curiae Pacific Legal Foundation in support of R.T.G., Inc. et al.

Thomas P. Michael, for amicus curiae Ohio Coal Association in support of R.T.G., Inc. et al.

Schottenstein, Zox & Dunn Co., L.P.A., and Kristopher M. Huelsman, for amicus curiae Ohio Environmental Council in support of the state of Ohio.

Timothy J. Dowling, for amici curiae Pleasant City and Community Rights Counsel in support of the state of Ohio.

LUNDBERG STRATTON, J.

I. Introduction

{¶ 1} This is a regulatory-takings case. Regulatory-takings issues are complex and difficult and have defied attempts to provide a simple solution. Even the United States Supreme Court "quite simply, has been unable to develop any `set formula' for determining when `justice and fairness' require that economic injuries caused by public action be compensated by the government, rather than remain disproportionately concentrated...

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