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STATE EX REL. GILBERT v. CINCINNATI

No. C-070166.

174 Ohio App.3d 89 (2007)

2007-Ohio-6332

The STATE ex rel. GILBERT et al., Relators, v. The CITY OF CINCINNATI et al., Respondents.

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

Decided November 30, 2007.

Attorney(s) appearing for the Case

Manley Burke, Matthew W. Fellerhoff, and Daniel J. McCarthy, for relators.

J. Rita McNeil, Cincinnati City Solicitor, Terrance A. Nestor, Senior Assistant City Solicitor, and Paula Y. Boggs, Assistant City Solicitor, for respondents.

DINKELACKER, Judge.

{¶ 1} In this original action, relators Richard and Lee Gilbert ask this court for a writ of mandamus compelling respondents, the city of Cincinnati, the Hamilton County Board of Commissioners, and the Metropolitan Sewer District of Greater Cincinnati ("MSD"), to commence an appropriation proceeding because the failure to remedy conditions affecting their property has resulted in a taking for which they are entitled to compensation...

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