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SER NEW WEN, INC. v. MARCHBANKS

No. 2017-0813.

167 N.E.3d 934 (2020)

163 Ohio St.3d 14

2020-Ohio-4865

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

Supreme Court of Ohio.

Decided October 14, 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 , Solicitor General, Diane R. Brey , Deputy Solicitor General, and L. Martin Cordero and William J. Cole , Assistant Attorneys General, for respondents.

{¶ 1} On January 15, 2020, this court granted a writ of mandamus directing respondents, the Ohio Department of Transportation and its director, Jack Marchbanks (collectively, "ODOT"), to commence appropriation proceedings for a taking of real property. 159 Ohio St.3d 15, 2020-Ohio-63, 146 N.E.3d 545, ¶ 1, 30. Relator...

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