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ORCHARD v. OHIO DEPT. OF NATURAL RESOURCES

No. 2009-08349.

2011 Ohio 7013

MICHAEL ORCHARD, Plaintiff/Counter Defendant, v. OHIO DEPARTMENT OF NATURAL RESOURCES, Defendant/Counter Plaintiff,

Court of Claims of Ohio.

Filed December 9, 2011.

Attorney(s) appearing for the Case

Adam H. Karl , Keith E. Golden , 923 East Broad Street, Columbus, Ohio 43205-1101.

Tara Paciorek , Assistant Attorney General, 2045 Morse Road, #D-2, Columbus, Ohio 43229.

Emily M. Simmons , Stephanie D. Pestello-Sharf , Assistant Attorneys General, 150 East Gay Street, 18th Floor, Columbus, Ohio 43215-3130.

JUDGMENT ENTRY

CLARK B. WEAVER, SR., Judge.

{¶ 1} Plaintiff brought this action alleging breach of contract. Defendant, Ohio Department of Natural Resources (ODNR), filed an answer and counterclaim seeking damages for trespass and for the destruction of trees on public property. A trial was held on the issues of liability and damages. On October 6, 2011, the magistrate issued a decision recommending that plaintiff be awarded nominal damages...

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