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STATE EX REL. DONER v. ZODY

No. 2009-1292.

130 Ohio St.3d 446 (2011)

2011-Ohio-6117

THE STATE EX REL. DONER ET AL. v. ZODY, DIR., ET AL.

Supreme Court of Ohio.

Decided December 1, 2011.

Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease, L.L.P., Bruce L. Ingram , Joseph R. Miller , Thomas H. Fusonie , and Martha C. Brewer , for relators.

Michael DeWine , Attorney General, and William J. Cole , Mindy Worley , Jennifer S.M. Croskey , Dale T. Vitale , Daniel J. Martin , and Tara L. Paciorek , Assistant Attorneys General, for respondents.

Larry R. Gearhardt and Chad A. Endsley , urging granting of the writ for amicus curiae, Ohio Farm Bureau Federation.

EVE V. BELFANCE, J., of the Ninth Appellate District, sitting for CUPP, J.

McGEE BROWN, J.

{¶ 1} This is an action by relators, owners of land located downstream from the western spillway of Grand Lake St. Marys, for a writ of mandamus to compel respondents, the Ohio Department of Natural Resources ("ODNR") and its director, Scott A. Zody,1 to initiate appropriation proceedings for the physical taking of their property resulting from...

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