GOERING v. CHRISCON BUILDERS, LTD.

Appeal No. C-100729.

2011 Ohio 5480

Robert A. Goering, Treasurer Hamilton County, Ohio, Plaintiff, v. Chriscon Builders Ltd., Defendant/Third-Party Plaintiff-Appellant and State of Ohio, ex rel. Chriscon Builders, Ltd., Relator, v. Hamilton County Engineer, Hamilton County Public Works, City of Cincinnati, Hamilton County Commissioners, Hamilton County Regional Planning Commission and Hamilton County Rural Zoning Commission, Third-Party Defendants-Appellees.

Court of Appeals of Ohio, First District, Hamilton County.

Date of Judgment Entry on Appeal: October 28, 2011.


Attorney(s) appearing for the Case

Matre & Beyke Co., LPA, Kerrie K. Matre , Joseph L. Beyke , James A. Matre Co., LPA, and James A. Matre , for Defendant/Third-Party Plaintiff-Appellant Chriscon Builders, Ltd., and State of Ohio, ex Rel. Chriscon Builders, Ltd.

Mark C. Vollman , Assistant Prosecuting Attorney, and Dale H. Bernard , Assistant Prosecuting Attorney, for Defendants-Appellees Hamilton County Engineer, Hamilton County Public Works, Hamilton County Commissioners, Hamilton County Regional Planning Commission, and Hamilton County Rural Zoning Commission.

Terrance A. Nestor , Assistant City Solicitor, for Defendant-Appellee City of Cincinnati.


OPINION.

SYLVIA S. HENDON, Judge.

{¶1} Defendant/third-party plaintiff-appellant Chriscon Builders, Ltd., ("Chriscon") has appealed from the trial court's Civ.R. 41(B)(2) dismissal of its mandamus action.

{¶2} This cause of action originated in June of 2005 when the Hamilton County Treasurer filed a complaint against Chriscon seeking payment for delinquent taxes and foreclosure of the property known as Auditor...

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