FIFTH THIRD BANK W. OHIO v. CARROLL BLDG. CO.

No. 22361.

180 Ohio App.3d 490 (2009)

2009-Ohio-57

FIFTH THIRD BANK WESTERN OHIO et al., Appellees, v. CARROLL BUILDING CO. et al., Appellants.

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

Decided January 9, 2009.


Attorney(s) appearing for the Case

Jean Ann S. Sieler and Mark A. Ozimek, for appellee Pramco CV6, L.L.C.

John Paul Rieser and Patricia J. Friesinger, for appellees Carroll Building Company, L.L.C., ASET Corporation, and Charles R. Carroll.

John C. Musto, Assistant Dayton City Attorney, for appellant city of Dayton.


WOLFF, Judge.

{¶ 1} The city of Dayton appeals from a judgment of the Montgomery County Court of Common Pleas, which determined that a commercial ground lease between the city and Carroll Building Co., L.L.C. ("CBC") had been renewed.

{¶ 2} Although it was undisputed that CBC (through its receiver) did not exercise its option to renew in accordance with the terms of the lease, the trial court concluded that the city was...

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