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KENKO CORP. v. CINCINNATI

No. C-080246.

183 Ohio App.3d 583 (2009)

2009-Ohio-4189

KENKO CORPORATION et al., Appellees, v. CITY OF CINCINNATI, Appellant.

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

Decided August 21, 2009.

Attorney(s) appearing for the Case

Xanders & Xanders Co., L.P.A., and Christopher H. Hurlburt, for appellees.

John P. Curp, City Solicitor, and William C. Hicks, Senior Assistant City Solicitor, for appellant.

J. HOWARD SUNDERMANN, Judge.

{¶ 1} Plaintiffs-appellees, Kenko Corp. and Sonoma Hill, L.L.C. ("Sonoma"), sued defendant-appellant, the city of Cincinnati, to recover damages for costs incurred in preparing a city-owned tract of land for the construction of Sonoma Court, a public right of way in a subdivision created by Sonoma. Following discovery, the city moved for summary judgment under R.C. Chapter 2744 and on the merits. The trial court denied...

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