Duncan v. City of Middlefield, 2005-L-140 (4-18-2008)

OPINION

{¶ 1} This action in mandamus is presently before this court for final disposition of respondents' motion for summary judgment as to each aspect of relator's remaining claim for relief. Under that single claim, relator essentially alleged that respondents had engaged in a series of twelve acts which ultimately resulted in the temporary regulatory taking of his real property. As the primary grounds for the instant motion, respondents maintain that relator will never be able to satisfy the elements for a writ of mandamus because the undisputed evidence establishes that any delays in…