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CITY OF PARMA v. MACKAY

No. 92858.

2010 Ohio 2881

City of Parma, Plaintiff-Appellee, v. James Mackay, Defendant-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: June 24, 2010.

Attorney(s) appearing for the Case

Peter A. Sackett, P.O. Box 771306, Lakewood, Ohio 44107, Attorney for Appellant.

Timothy G. Dobeck, Law Director/Chief Prosecutor, By: Barbara A. Tamas, Assistant Law Director, City of Parma, 6611 Ridge Road, Parma, Ohio 44129, Attorneys for Appellee.

Before: Jones, J., Kilbane, P.J., and McMonagle.

JOURNAL ENTRY AND OPINION

LARRY A. JONES, J.

{¶ 1} Defendant-appellant, James Mackay ("Mackay"), appeals his conviction. Finding merit to the appeal, we reverse.

{¶ 2} In 2006, Mackay installed a concrete driveway at David Cole's house in Parma. Approximately seven months later, Cole called the city and asked that a building inspector inspect the concrete work because seedpods and leaves were popping through the...

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