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TAYLOR v. OHIO DEPT. OF REHAB. & CORR.

No. 87AP-360.

43 Ohio App. 3d 205 (1988)

TAYLOR ET AL., APPELLEES, v. THE STATE OF OHIO, DEPARTMENT OF REHABILITATION AND CORRECTION, APPELLANT; CITY OF CLEVELAND, APPELLEE.

Court of Appeals of Ohio, Franklin County.

Decided January 28, 1988.

Attorney(s) appearing for the Case

Joseph R. Compoli, Jr., for appellees Taylor et al.

Anthony J. Celebrezze, Jr., attorney general, Simon B. Karas, Sally Ann Walters and Thomas L. Rosenberg, for appellant.

James P. Mancino, Anthony J. Garofoli and Jack D. Maistros, for appellee city of Cleveland.

WHITESIDE, J.

Defendant and third-party plaintiff, state of Ohio,1 appeals from a decision of the Ohio Court of Claims and raises the following assignments of error:

"I. The court below erred in requiring defendant to apply for a zoning variance where the applicable zoning code does not permit such a variance to be granted. Brownfield v. State, 63 Ohio St.2d 282 (1980) does...

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