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HAMILTON CITY. BD. OF COMMRS. v. CITY OF CINCINNATI

Nos. C-020747 and C-020761.

154 Ohio App.3d 504 (2003)

2003-Ohio-5089

BOARD OF COMMISSIONERS OF HAMILTON COUNTY, OHIO, Appellant, v. CITY OF CINCINNATI, Defendant/Third-Party Appellee; The State of Ohio, Third-Party Appellant.

Court of Appeals of Ohio, First District, Hamilton County.

Decided September 26, 2003.

Attorney(s) appearing for the Case

Dinsmore & Shohl, LLP, Mark A. Vander Laan and Timothy S. Mangan, for appellant.

Jim Petro, Attorney General, and Diane M. Weaver, Assistant Attorney General, for third-party appellant state of Ohio.

Julia L. McNeil, City Solicitor, and Richard Ganulin, Assistant City Solicitor, for third-party appellee city of Cincinnati.

Furnier & Thomas, LLP, and Rasheed A. Simmons, for amicus curiae Bond Hill Community Council and Bond Hill Community Urban Redevelopment Corporation.

Per Curiam.

{¶ 1} This is the second appeal in a dispute over the zoning of property owned by plaintiff-appellant, the Board of Commissioners of Hamilton County, located inside the boundaries of defendant/third-party plaintiff-appellee, the city of Cincinnati. Upon remand from this court's decision in the first appeal, rather than resolve the equities of the zoning issue, the trial court entered summary judgment for the city and invalidated the 1997 transfer...

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