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STATE EX REL. PRESCHOOL DEV., LTD. v. CITY OF SPRINGBORO

No. 2002-1785.

99 Ohio St.3d 347 (2003)

2003-Ohio-3999

THE STATE EX REL. PRESCHOOL DEVELOPMENT, LTD. v. CITY OF SPRINGBORO.

Supreme Court of Ohio.

Decided August 13, 2003.

Attorney(s) appearing for the Case

Finney, Stagnaro, Saba & Klusmeier Co., L.P.A., Mark H. Klusmeier and Paul T. Saba, for relator.

Rendigs, Fry, Kiely & Dennis, L.L.P., Wilson G. Weisenfelder Jr. and James J. Englert; and Roger C. Eckert, Springboro Law Director, for respondent.

MOYER, C.J.

{¶ 1} State Route 73 is a five-lane highway that runs through the city of Springboro, Ohio, respondent, for approximately 3.3 miles. S.R. 73, which is also known as East Central Avenue and West Central Avenue, is the primary eastwest highway in the region. Most commercial activity in Springboro occurs along S.R. 73.

{¶ 2} Relator, Preschool Development, Ltd. ("PDL"), is a limited liability company that operates a daycare...

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