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BATTELLE MEMORIAL INST. v. BIG DARBY CREEK

No. CA2010-08-017.

192 Ohio App.3d 287 (2011)

2011-Ohio-793

BATTELLE MEMORIAL INSTITUTE, Appellee, v. BIG DARBY CREEK SHOOTING RANGE, Appellant.

Court of Appeals of Ohio, Twelfth District, Madison County.

Decided February 22, 2011.

Attorney(s) appearing for the Case

Bailey Cavalieri L.L.C., Dan L. Cvetanovich , and Sabrina C. Haurin , for appellee.

Reminger Co., L.P.A., Frank Leonetti III , and Martin T. Galvin ; and Michael R. Moran Co., L.L.C., and Michael R. Moran , for appellant.

POWELL, Presiding Judge.

{¶ 1} We are asked to determine whether a Madison County trial court erred when it preliminarily enjoined the operation of a shooting range in a dispute between the range and a neighboring research facility over whether fired bullets are escaping the range.

{¶ 2} Battelle Memorial Institute filed a complaint for a preliminary and permanent injunction claiming nuisance and negligence in the operation...

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