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STATE EX REL. GILBERT v. CITY OF CINCINNATI

Nos. 2008-0029 and 2009-0753.

125 Ohio St.3d 385 (2010)

2010-Ohio-1473

THE STATE EX REL. GILBERT ET AL., Appellants and Cross-Appellees, v. CITY OF CINCINNATI ET AL., Appellees and Cross-Appellants.

Supreme Court of Ohio.

Decided April 8, 2010.

Attorney(s) appearing for the Case

Manley Burke, Matthew W. Fellerhoff, and Daniel J. McCarthy, for appellants and cross-appellees.

John P. Curp, Cincinnati City Solicitor, and Paula Boggs Muething and Terrance A. Nestor, Assistant City Solicitors, for appellees and cross-appellants.

Per Curiam.

{¶ 1} This is an appeal and cross-appeal from a judgment granting a writ of mandamus to compel appellees and cross-appellants, city of Cincinnati, Hamilton County Board of Commissioners, and the Metropolitan Sewer District of Greater Cincinnati (collectively, "the city"), to institute an appropriation proceeding for the physical taking of the property of appellants and cross-appellees, Richard C. Gilbert and Lee A. Gilbert...

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