VILLAGE OF OCTA v. OCTA RETAIL, L.L.C.

No. CA2007-04-015.

2008 Ohio 4505

Village of Octa, Plaintiff-Appellee, v. Octa Retail, LLC, et al., Defendants-Appellants.

Court of Appeals of Ohio, Twelfth District, Fayette County.

Date of Judgment Entry: September 8, 2008.


Attorney(s) appearing for the Case

Plank & Brahm, LPA, David Watkins, 145 East Rich Street, 4th Floor, Columbus, Ohio 43215-5240, for defendant-appellant, Octa Retail, LLC.

David B. Bender, Fayette County Prosecuting Attorney, Courthouse, 1st Floor, 110 East Court Street, Washington C.H., Ohio 43160, for defendant, Fayette County Treasurer.


OPINION

BRESSLER, J.

{¶1} Defendant-appellant, Octa Retail, LLC, appeals an eminent domain decision from the Fayette County Court of Common Pleas. We reverse and remand.

{¶2} On April 14, 1997, the village of Octa enacted Ordinance No. 97-003, authorizing the implementation of an urban renewal process. On May 13, 2002, the village enacted an urban renewal plan to relocate and construct a fully improved West Lancaster...

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