PROCTOR v. KEWPEE, INC.

Case Number 1-08-03.

2008 Ohio 5197

Gordon Proctor, Director, Ohio Dept. of Transportation, Plaintiff-Appellant/Cross-Appellee, v. The Kewpee, Inc., Defendant-Appellee/Cross-Appellant, Allen County Auditor, et al., Defendants-Appellees.

Court of Appeals of Ohio, Third District, Allen County.

DATE OF JUDGMENT ENTRY: October 6, 2008.


Attorney(s) appearing for the Case

Bruce L. Ingram, Attorney at Law, Reg. #0018008, Joseph R. Miller, Attorney at Law, Reg. #0068463, John M. Kuhl, Attorney at Law, Reg. #0080966, 52 East Gay Street, P.O. Box 1008, Columbus, OH 43216-1008, for Defendant-Appellee, Cross-Appellant.

Michael L. Stokes, Assistant Attorney General, Reg. #0064792, One Government Center, Suite 1340, Toledo, OH 43604, for Plaintiff-Appellant, Cross-Appellee.

John M. Leahy, Assistant Prosecuting Attorney, Reg. #0008932, 1728 Allentown Road, Lima, OH 45805, for Defendants-Appellees.


OPINION

ROGERS, J.

{¶1} Plaintiff-Appellant/Cross-Appellee, Gordon Proctor, Director of the Ohio Department of Transportation ("ODOT"), appeals the judgment of the Allen County Court of Common Pleas entered on a jury verdict in an appropriation proceeding initiated against Defendant-Appellee/Cross-Appellant, The Kewpee, Inc., et al. ("Kewpee"). On appeal, ODOT contends that the trial court erred in declining to give its requested limiting...

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