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STATE EX REL. GILBERT v. CINCINNATI

Appeal No. C-070166.

2009 Ohio 1078

State of Ohio ex rel. Richard C. Gilbert and State of Ohio ex rel. Lee A. Gilbert, Relators, v. City of Cincinnati, Hamilton County Board of Commissioners, and The Metropolitan Sewer District of Greater Cincinnati, Respondents.

Court of Appeals of Ohio, First District, Hamilton County.

Date of Judgment Entry on Appeal: March 13, 2009.

Attorney(s) appearing for the Case

Manley Burke, Matthew A. Fellerhof, and Daniel J. McCarthy, for Relators.

Paula Boggs Muething and Terrence A. Nestor, Senior Assistant City Solicitors, for Respondents.

DINKELACKER, Judge.

I. Facts and Procedure

{¶1} Relators Richard and Lee Gilbert filed a petition asking this court to grant a writ of mandamus compelling respondents, the city of Cincinnati, the Hamilton County Board of Commissioners, and the Metropolitan Sewer District of Greater Cincinnati ("MSD") (collectively "the city"), to commence an appropriation proceeding under R.C. Chapter 163. Among other things, they contended...

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