Legal Opinion

Village of Octa v. Octa Retail, Ca2007-04-015 (9-8-2008)

Ohio Court of Appeals

Decided September 8, 2008No. CA2007-04-015PublishedCited by 7 opinions

1Opinion of the Court

OPINION

{¶ 1} Defendant-appellant, Octa Retail, LLC, appeals an eminent domain decision from the Fayette County Court of Common Pleas. We reverse and remand.

{¶ 2} On April 14, 1997, the village of Octa enacted Ordinance No. 97-003, authorizing the implementation of an urban renewal process. On May 13, 2002, the village enacted an urban renewal plan to relocate and construct a fully improved West Lancaster Road. The plan authorized the village to appropriate any real property via eminent domain to construct the road "to cure blight within the project area."

{¶ 3} Appellant is the owner of six…

2Cases cited10 opinions

  1. Blakemore v. BlakemoreOhio Supreme Court · 1983
  2. Ohio v. HymoreOhio Supreme Court · 1967
  3. State v. MartinOhio Supreme Court · 1985
  4. Cincinnati v. VesterSupreme Court of the United States · 1930
  5. City of Cincinnati v. Vester. Same v. Richards Same v. ReakirtSupreme Court of the United States · 1930

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3Cited by7 opinions

  1. City of Dublin v. FriedmanOhio Court of Appeals · 2017
  2. Columbia Gas of Ohio, Inc. v. HollowayOhio Court of Appeals · 2023
  3. Columbia Gas v. Phelps Preferred Invests., L.L.C.Ohio Court of Appeals · 2022
  4. Ohio Power Co. v. BurnsOhio Court of Appeals · 2021
  5. Dublin v. RiverPark Group, L.L.C.Ohio Court of Appeals · 2019

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