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STATE EX REL. v. CLARK CTY. BD. OF COMMRS.

No. 2007 CA 36.

174 Ohio App.3d 631 (2007)

2007 Ohio 7230

The STATE of Ohio ex rel. OVERHOLSER BUILDERS, L.L.C., et al. v. BOARD OF COUNTY COMMISSIONERS OF CLARK COUNTY, Ohio, et al.

Court of Appeals of Ohio, Second District, Clark County.

Decided November 21, 2007.

Attorney(s) appearing for the Case

James F. Peifer, for relators.

Andrew P. Pickering, for respondents.

Per curiam.

{¶ 1} This matter is before the court on the motion of the Board of Clark County Commissioners, Roger Tackett, David Hartley, John Detrick, and Michelle Noble, to dismiss the petition for a writ of mandamus. For the following reasons, the motion to dismiss is denied.

{¶ 2} The petition for a writ of mandamus sets forth the following underlying facts.

{¶ 3} On February 9, 2007, Overholser Builders, L.L.C., James and Nancy...

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