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CITY OF WORTHINGTON v. CITY OF COLUMBUS

No. 2002-1106.

100 Ohio St.3d 103 (2003)

2003-Ohio-5099

CITY OF WORTHINGTON, APPELLANT, v. CITY OF COLUMBUS, APPELLEE.

Supreme Court of Ohio.

Decided October 15, 2003.

Attorney(s) appearing for the Case

Baker & Hostetler, L.L.P., David C. Levine, John H. Burtch and Michael E. Minister, for appellant.

Richard C. Pfeiffer Jr., Columbus City Attorney, Daniel W. Drake, Chief Counsel, John C. Klein III and Jennifer S. Gams, Assistant City Attorneys, for appellee.

Thompson Hine, L.L.P., Robert M. Curry and Chad D. Cooper, urging affirmance for amici curiae Five Rivers MetroParks, Preservation Park District of Delaware County, Johnny Appleseed Metropolitan Park District, Medina County Park District, Centerville-Washington Park District, Washington Township Board of Trustees (Franklin County), Mill Creek Metropolitan Park District, O.O. McIntyre Park District, Wood County Park District, MetroParks Serving Summit County, Stark County Park District, and Metropolitan Park District of the Toledo Area.

Submitted April 30, 2003, at the Ross County Session.

MOYER, C.J.

{¶ 1} Appellant, city of Worthington, initiated two separate actions claiming a right to exercise eminent domain over five acres of real property owned by the city of Columbus. The property is situated within the municipal corporate boundaries of Worthington and lies along the eastern edge of the Olentangy River on the boundary...

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