Legal Opinion
State ex rel. Nickoli v. Erie MetroParks
Ohio Supreme Court
Decided February 25, 2010No. 2009-0026PublishedCited by 49 opinions
1Opinion of the CourtLundberg Stratton, J.
{¶ 1} This is an original action for a writ of mandamus to compel a park district and its board of commissioners to commence appropriation proceedings for property allegedly seized and occupied by the district. We deny the writ because (1) res judicata neither entitles relators to the requested extraordinary relief nor prevents the park district and its board of commissioners from raising defenses that they did not raise in a previous mandamus action involving different relators and (2) the statute of limitations in R.C. 2305.09(E) bars relators’ takings claim.
I. Facts
{¶ 2} The historical…
2Cases cited21 opinions
- United States v. DickinsonSupreme Court of the United States · 1947
- Hopland Band of Pomo Indians v. The United StatesCourt of Appeals for the Federal Circuit · 1988
- Lrl Properties v. Portage Metro Housing AuthorityCourt of Appeals for the Sixth Circuit · 1995
- Ward v. CaulkCourt of Appeals for the Ninth Circuit · 1981
- Fort Frye Teachers Ass'n v. State Employment Relations BoardOhio Supreme Court · 1998
16 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Regis Lutz v. Chesapeake Appalachia, L.L.C.Court of Appeals for the Sixth Circuit · 2013
- State ex rel. Doner v. ZodyOhio Supreme Court · 2011
- Taylor v. First Resolution Invest. Corp. (Slip Opinion)Ohio Supreme Court · 2016
- State v. JalowiecOhio Court of Appeals · 2015
- Marok v. Ohio State Univ.Ohio Court of Appeals · 2014
44 more not listed; retrieve them via the Exa API.