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FRANKLIN CTY. DIST. BD. OF HEALTH v. PAXSON,

No. 02AP-727.

152 Ohio App.3d 193 (2003)

2003-Ohio-1331

FRANKLIN COUNTY DISTRICT BOARD OF HEALTH, Appellee, v. PAXSON, Defendant/Third-Party Appellee; Board of Education of South-Western City Schools, Third-Party Defendant Appellant.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided March 20, 2003.

Attorney(s) appearing for the Case

Ron O'Brien, Franklin County Prosecuting Attorney, and Joseph R. Durham, Assistant Prosecuting Attorney, for appellee.

Goldman & Braunstein, Michael Braunstein and Beth M. Miller, for defendant/third-party appellee.

Schottenstein, Zox & Dunn, Stephen J. Smith and Brian M. Zets, for thirdparty defendant-appellant.

BROWN, Judge.

{¶ 1} South-Western City Schools, Board of Education ("South-Western"), third-party defendant-appellant, appeals from a judgment of the Franklin County Municipal Court, Environmental Division, denying its motion to dismiss and granting a permanent injunction against it.

{¶ 2} Andrew L. Paxson, defendant/third-party plaintiff-appellee, is the owner of real property in Grove City, Ohio...

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