THE STATE EX REL. SHELLY MATERIALS, INC., APPELLANT,
v.
CLARK COUNTY BOARD OF COMMISSIONERS, APPELLEE.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted April 17, 2007.
Decided October 3, 2007.
Attorney(s) appearing for the Case
Bieser, Greer & Landis, L.L.P., Carla J. Morman, and David C. Greer, for appellant.
Onda, LaBuhn, Rankin & Boggs Co., L.P.A., Timothy S. Rankin, and Benjamin W. Ogg; Stephen A. Schumaker, Clark County Prosecuting Attorney, and Andrew J. Pickering, Assistant Prosecuting Attorney, for appellee.
Brady, Coyle & Schmidt, L.L.P., Brian P. Barger, and Margaret G. Beck, urging reversal for amicus curiae, Ohio Aggregates and Industrial Minerals Association.
Supreme Court of Ohio.
LANZINGER, J.
{¶ 1} This is an appeal from a judgment denying a writ of mandamus to compel appellee, the Clark County Board of Commissioners ("commissioners"), to begin appropriation proceedings. Appellant, Shelly Materials, Inc. ("Shelly") claims that the county zoning appeals board's denial of a conditional-use permit to mine sand and gravel on a parcel of land it purchased in Moorefield...
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