State ex rel. Duncan v. City of Mentor City Council

(¶ 1} This is an appeal as of right from an order denying a writ of mandamus to compel appropriation proceedings against a landowner who wishes to build a residence on his property. Because the court of appeals erred in granting summary judgment on behalf of appellees, we reverse and remand.

{¶ 2} In 1984, the Shiloh Park Subdivision was created in Mentor, Ohio. The property was conveyed subject to various easements, restrictions, covenants, and conditions. In 1994, appellant, Richard A. Duncan, purchased a parcel in the subdivision at a sheriffs sale for $1,000. Duncan’s parcel contains a…