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FOOD FRANCHISES, INC. v. DONOFRIO

No. 11512.

16 Ohio App. 3d 118 (1984)

FOOD FRANCHISES, INC., APPELLANT, v. DONOFRIO ET AL., APPELLEES.

Court of Appeals of Ohio, Summit County.

Decided April 25, 1984.

Attorney(s) appearing for the Case

Mr. Harry A. Tipping, for appellant.

Mr. Duane Morris, for appellee Federated Dept. Stores.

Mr. Frank E. Quirk, for appellee First Natl. Bank of Akron.

Mr. Harold Stubbs, director of law, and Mr. Randall A. Cole, for appellee city of Akron.

Mr. Lynn C. Slaby, prosecuting attorney, for appellees John Donofrio and Tim Davis.

GEORGE, J.

The plaintiff-appellant, Food Franchises, Inc., appeals the judgment of the trial court dismissing the case for lack of jurisdiction. This court affirms that judgment.

Defendant-appellee, Federated Department Stores, Inc., owned 11.85 acres of land in Akron, Ohio, of which 471.65 feet fronted upon Tallmadge Avenue. In 1976, as a result of improvements made to Tallmadge Avenue, a special assessment was placed on the land for $5,660.49 per one-half...

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