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DAYTON v. STEWART

No. 29056.

179 N.E.3d 208 (2021)

2021-Ohio-3518

City of DAYTON, Plaintiff-Appellant v. Oscar H. STEWART, Defendant-Appellee.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on October 1, 2021.

Attorney(s) appearing for the Case

AMY B. MUSTO , Atty. Reg. No. 0071514, Assistant Prosecuting Attorney, City of Dayton Prosecutor's Office, 335 West Third Street, Dayton, Ohio 45402, Attorney for Plaintiff-Appellant.

CHRISTIE M. BEBO , Atty. Reg. No. 0087294, Assistant Public Defender, 117 South Main Street, Suite 400, Dayton, Ohio 45422, Attorney for Defendant-Appellee.

OPINION

{¶ 1} Pursuant to R.C. 2945.67(A), the City of Dayton appeals from a determination by the Dayton Municipal Court that tree stumps and tree limbs deposited by the defendant-appellee Oscar H. Stewart on property he did not own or have the right to use did not constitute littering as defined in R.C....

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