Gilbert v. City of Cincinnati, C-070166 (3-13-2009)

DECISION.

I. Facts and Procedure

{¶ 1} Relators Richard and Lee Gilbert filed a petition asking this court to grant a writ of mandamus compelling respondents, the city of Cincinnati, the Hamilton County Board of Commissioners, and the Metropolitan Sewer District of Greater Cincinnati ("MSD") (collectively "the city"), to commence an appropriation proceeding under R.C. Chapter 163. Among other things, they contended that the city's dumping of raw sewage onto their property constituted a taking for which they were entitled to compensation. We denied the writ, holding that the Gilberts had failed…