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HAVERLACK v. PORTAGE HOMES, INC.

Nos. 81-1683 and 81-1784.

2 Ohio St. 3d 26 (1982)

HAVERLACK ET AL., APPELLANTS, v. PORTAGE HOMES, INC., ET AL., APPELLEES. RLCHNER ET AL., APPELLANTS, v. PORTAGE HOMES, INC., ET AL., APPELLEES.

Supreme Court of Ohio.

Decided December 15, 1982.

Attorney(s) appearing for the Case

Messrs. Loomis, Poland, Wilson & Griffith and Mr. Harry L. Griffith, for appellants in case No. 81-1683.

Mr. R. Andrew Richner, for appellants in case No. 81-1784.

Mr. John H. Gibbon, director of law, for appellee city of Aurora.

Messrs. Williams, Zumkehr, & Welser, Mr. Benito C. R. Antognoli and Mr. Charles E. Zumkehr, for appellees Walden.

CELEBREZZE, C.J.

These appeals require that we review the decisions of the court of appeals to ascertain if it was correct in affirming the granting of summary judgments against the appellants. Because the facts and issues presented are similar, the cases have been consolidated.

I

The initial question for our consideration is whether summary judgments were properly granted on the ground of failure to exhaust administrative remedies. The court of...

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