State Ex Rel. Gilbert v. City of Cincinnati

{¶ 1} This is an appeal and cross-appeal from a judgment granting a writ of mandamus to compel appellees and cross-appellants, city of Cincinnati, Hamilton County Board of Commissioners, and the Metropolitan Sewer District of Greater Cincinnati (collectively, “the city”), to institute an appropriation proceeding for the physical taking of the property of appellants and cross-appellees, Richard C. Gilbert and Lee A. Gilbert, and denying a writ of mandamus to compel the city to commence an appropriation proceeding for the alleged regulatory taking of the Gilberts’ property. 1 Because the court…