STATE EX REL. MIAMI OVERLOOK, INC. v. VILLAGE OF GERMANTOWN

Appellate No. 24017.

2011 Ohio 3419

State, ex rel., Miami Overlook, Inc., Plaintiff-Appellant, v. Village of Germantown, Defendant-Appellee.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on July 8, 2011.


Attorney(s) appearing for the Case

ROBERT W. RETTICH, III , Atty. Reg. #0007092, 46 East Market Street, Germantown, Ohio 45327-1336, Attorney for Plaintiff-Appellant.

LYNNETTE DINKLER , Atty. Reg. #0065455, Dinkler Pregon, LLC, 2625 Commons Boulevard, Suite A, Dayton, Ohio 45431, Attorney for Defendant-Appellee.


OPINION

FAIN, J.

{¶ 1} Plaintiff/relator-appellant Miami Overlook, Inc., appeals from a summary judgment rendered in favor of defendant/respondent-appellee Village of Germantown. Miami Overlook contends that the trial court erred in concluding that Miami Overlook failed to comply with the statute of limitations in R.C. 713.121. Miami Overlook further contends that R.C. 713.121 is unconstitutional as applied. Finally, Miami Overlook contends...

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