State ex rel. Shelly Materials, Inc. v. Clark County Board of Commissioners

*338{¶ 1} This is an appeal from a judgment denying a writ of mandamus to compel appellee, the Clark County Board of Commissioners (“commissioners”), to begin appropriation proceedings. Appellant, Shelly Materials, Inc. (“Shelly”), claims that the county zoning appeals board’s denial of a conditional-use permit to mine sand and gravel on a parcel of land it purchased in Moorefield Township, Clark County, constitutes a compensable regulatory taking. We hold that the court of appeals concluded correctly that the denial of Shelly’s conditional-use-permit application did not constitute a compensable…