STATE EX REL. DONER v. ZEHRINGER

No. 2009-1292.

134 Ohio St.3d 326 (2012)

2012-Ohio-5637

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

Supreme Court of Ohio.

Decided December 5, 2012.


Attorney(s) appearing for the Case

Vorys, Sater, Seymour and 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 , Michael L. Stokes , Dale T. Vitale , Daniel J. Martin , and Tara L. Paciorek , Assistant Attorneys General, for respondents.


Per Curiam.

{¶ 1} This is an original 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 and its director, to initiate appropriation proceedings for the physical taking of their property resulting from flooding caused by a spillway constructed by respondents and the state's lake-level-management...

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