Legal Opinion · Concurring in part, dissenting in part

Wheeling Corp. v. Columbus & Ohio River Railroad

Ohio Court of Appeals

Decided December 20, 2001No. 00AP-1224 (REGULAR CALENDAR)Published

1Concurring in part, dissenting in partTyack, Judge

{¶ 170} Because I conclude that the issues raised in appellant’s first and second assignments of error are moot, I respectfully dissent from that portion of the majority opinion which addresses such issues.

{¶ 171} Appellees contend that appellant’s first and second assignments of error are moot because appellant failed to seek a stay of the trial court’s judgment(s) and that on November 9, 2000, ORDC adopted Resolution 00-16. Resolution 00-16 authorized ORDC, through its executive director, to execute all necessary documents in order to enter into an operating agreement with C&OR for the…

2Cases cited3 opinions

  1. State ex rel. Calvary v. City of Upper ArlingtonOhio Supreme Court · 2000
  2. James A. Keller, Inc. v. FlahertyOhio Court of Appeals · 1991
  3. BECDIR Construction Co. v. ProctorOhio Court of Appeals · 2001

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