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CITY OF CINCINNATI v. SCHEER & SCHEER DEV.

No. C-050336.

169 Ohio App.3d 101 (2006)

2006-Ohio-1221

CITY OF CINCINNATI, Appellant, v. SCHEER & SCHEER DEVELOPMENT; Jindal Builders & Restoration Corporation, Appellee.

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

Decided March 17, 2006.

Attorney(s) appearing for the Case

Julia L. McNeil, City Solicitor, and Terrance A. Nestor, Assistant City Solicitor, for appellant.

W. Kenneth Zuk, for appellee.

MARK P. PAINTER, Judge.

{¶ 1} Plaintiff-appellant, the city of Cincinnati, challenges the trial court's grant of summary judgment to defendant-appellee Jindal Builders and Restoration Corporation. The trial court had overruled a magistrate's findings that the city's financing of a development project in the Findlay Market neighborhood was not a public improvement.

{¶ 2} But the city's control over the contractor was tantamount...

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