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MOORE v. MIDDLETOWN

No. 2010-1363.

133 Ohio St.3d 55 (2012)

2012-Ohio-3897

MOORE ET AL., Appellants, v. CITY OF MIDDLETOWN, Appellee.

Supreme Court of Ohio.

Decided August 30, 2012.

Attorney(s) appearing for the Case

Jay C. Bennett , for appellants.

Crabbe, Brown & James, L.L.P., Robert J. Gehring , and Brian E. Hurley ; and Leslie S. Landen , Middletown Law Director, and Sara E. Mills , Assistant Law Director, for appellee.

Schottenstein, Zox & Dunn Co., L.P.A., Stephen L. Byron , and Rebecca K. Schaltenbrand ; and John Gotherman , urging affirmance for amicus curiae Ohio Municipal League.

Maurice A. Thompson , in support of neither party, for amicus curiae 1851 Center for Constitutional Law.

Michael DeWine , Attorney General, Alexandra T. Schimmer , Solicitor General, Laura Eddleman Heim , Deputy Solicitor, and Michael L. Stokes and William J. Cole , Senior Assistant Attorneys General, in support of neither party, for amicus curiae state of Ohio.

LUNDBERG STRATTON and O'DONNELL, JJ., concur in the foregoing opinion.

O'CONNOR, C.J.

{¶ 1} In this appeal, we return to territory recently visited in Clifton v. Blanchester, 131 Ohio St.3d 287, 2012-Ohio-780, 964 N.E.2d 414. There, we held that property owners asserting a regulatory-taking claim lack standing to bring a mandamus action against a municipality to compel appropriation when the affected property...

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