SILVER LAKE v. METRO TRANSIT AUTH.

No. 2005-1074.

111 Ohio St.3d 324 (2006)

2006-Ohio-5790

VILLAGE OF SILVER LAKE, APPELLANT, v. METRO REGIONAL TRANSIT AUTHORITY ET AL., APPELLEES.

Supreme Court of Ohio.

Decided November 22, 2006.


Attorney(s) appearing for the Case

Mazanec, Raskin & Ryder Co., L.P.A., Todd M. Raskin, Timothy R. Obringer, and Martin J. O'Connell; and Hoover, Heydorn & Herrnstein Co., L.P.A., and Robert W. Heydorn, for appellant.

Roetzel & Andress, Amie L. Bruggeman, Stephen W. Funk, and Caroline Regallis, for appellee.

Lawrence Gawell, for amicus curiae Ohio Public Transit Association.

Max Rothal, Akron Director of Law, and David A. Muntean, Assistant Director of Law, for amicus curiae city of Akron.

Vorys, Sater, Seymour & Pease, L.L.P., Richard L. Moore, and Erica D. Gann, for amicus curiae Southwest Ohio Regional Transit Authority.

Barry M. Byron, Stephen L. Byron, and John Gotherman, for amicus curiae Ohio Municipal League.


O'DONNELL, J.

{¶ 1} The village of Silver Lake appeals from a decision of the Summit County Court of Appeals, which reversed the judgment of the trial court and authorized the Metro Regional Transit Authority to lease the Akron Secondary railroad track which borders Silver Lake, to a subsidiary of the Adrian & Blissfield Railroad, known as the Cuyahoga Falls & Hudson Railway Company, for the operation of a dinner-excursion train...

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