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MEGA OUTDOOR, L.L.C. v. CITY OF DAYTON

No. 21807.

173 Ohio App.3d 359 (2007)

2007-Ohio-5666

MEGA OUTDOOR, L.L.C. et al., Appellants, v. CITY OF DAYTON, Appellee.

Court of Appeals of Ohio, Second District, Montgomery County.

Decided October 19, 2007.

Attorney(s) appearing for the Case

Gregory P. Garner and Richard L. Carr Jr., for appellants.

John J. Danish, Lynn R. Donaldson, and John C. Musto, for appellee.

WOLFF, Presiding Judge.

{¶ 1} Mega Outdoor, L.L.C. ("Mega") and the owners of 504 East First Street, William Smith and Dale Magistrelli, appeal from a judgment of the Montgomery Court of Common Pleas, which granted summary judgment to the city of Dayton on the grounds that their claims were precluded by res judicata and sovereign immunity.

{¶ 2} The record, construed in favor of Mega, Smith, and Magistrelli, establishes...

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