STATE EX REL. RIVER CITY CAPITAL v. CLERMONT CTY. BD. OF COMMRS.

No. CA2010-07-051.

2011 Ohio 4039

State ex rel. River City Capital, et al., Petitioners-Appellants, v. Board of County Commissioners, et al., Respondents-Appellees.

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

August 15, 2011.


Attorney(s) appearing for the Case

Katz, Teller, Brant & Hild, James F. McCarthy III , 2400 Chemed Center, 255 East 5th Street, Cincinnati, Ohio 45202, for petitioners-appellants.

Donald W. White , Clermont County Prosecuting Attorney, Mary Lynne Birck , 101 East Main Street, 3rd Floor, Batavia, Ohio 45103, for respondents-appellees, Clermont Cty. Bd. Of Commrs., Robert L. Proud, Mary Walker and R. Scott Croswell.

Manley Burke, LPA, Timothy M. Burke , 225 West Court Street, Cincinnati, Ohio 45202-1053, amicus curiae for Furniture Row USA, Inc.


OPINION

PIPER, J.

{¶1} Petitioner-appellant, River City Capital, L.P. (River City), appeals the decision of the Clermont County Court of Common Pleas denying its petition for a writ of mandamus to compel the Board of Commissioners of Clermont County (Clermont County) to institute an appropriation action. We affirm the decision of the trial court.

{¶2} River City owns property in a commercial district off of State...

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