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SER NEW WEN, INC. v. MARCHBANKS

No. 2017-0813.

146 N.E.3d 545 (2020)

159 Ohio St.3d 15

2020-Ohio-63

The STATE EX REL. NEW WEN, INC., d.b.a. Wendy's v. MARCHBANKS, Dir., et al.

Supreme Court of Ohio.

Decided January 15, 2020.

Attorney(s) appearing for the Case

Vorys, Sater, Seymour & Pease, L.L.P., Joseph R. Miller , Thomas H. Fusonie , and Daniel E. Shuey , Columbus, for relator.

Dave Yost , Attorney General, Benjamin M. Flowers , State Solicitor, Diane R. Brey , Deputy Solicitor, and L. Martin Cordero , Eric M. Hopkins , and William J. Cole , Assistant Attorneys General, for respondents.

Vorys, Sater, Seymour & Pease, L.L.P., John M. Kuhl , and Elizabeth S. Alexander , Columbus, urging granting of the writ for amicus curiae, Ohio Council of Retail Merchants.

{¶ 1} Relator, New Wen, Inc., d.b.a. Wendy's, seeks a writ of mandamus to compel respondents, the Ohio Department of Transportation and its director, Jack Marchbanks1 (collectively, "ODOT"), to commence appropriation proceedings for an alleged taking of its real property. We previously granted...

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