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CASE LEASING & RENTAL, INC. v. OHIO DEPT. OF NATURAL RESOURCES

No. 09AP-498.

2009 Ohio 6573

Case Leasing & Rental, Inc., Plaintiff-Appellee/[Cross-Appellant], v. Ohio Department of Natural Resources, Defendant-Appellant/[Cross-Appellee].

Court of Appeals of Ohio, Tenth District, Franklin County.

Rendered on December 15, 2009.

Attorney(s) appearing for the Case

Schottenstein, Zox & Dunn, Stephen P. Samuels, Kevin L. Murch and Jeremy M. Grayem, for appellee/cross-appellant.

Richard Cordray, Attorney General, and Randall W. Knutti, for appellant/cross-appellee.

DECISION

TYACK, J.

{¶1} In July 2003, a severe storm at Grand Lake St. Mary's in Celina, Ohio resulted in the flooding of appellee, Case Leasing & Rental's ("Case") property. The Ohio Court of Claims found appellant, Ohio Department of Natural Resources ("ODNR"), liable for negligent construction and maintenance of a replacement spillway on the western shoreline of the lake.

{¶2} The damages portion of the...

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