VILLAGE OF GALENA v. DELAWARE CTY. REGIONAL PLANNING COMM.

No. 2011-CAE-07-0068.

2012 Ohio 182

Village of Galena, Plaintiff-Appellee, v. Delaware County Regional Planning Commission, et al Jimba, Ltd, Defendant-Appellant.

Court of Appeals of Ohio, Fifth District, Delaware County.

DATE OF JUDGMENT ENTRY: January 17, 2012.


Attorney(s) appearing for the Case

JOHN R. CORNLEY, 21 Middle Street, Box 248, Galena, OH 43021-0248, KENNETH J. MOLNAR, 21 Middle Street, Box 248, Galena, OH 43021-0248, For Plaintiff-Appellee.

DENNIS L. PERGRAM, MANOS, MARTIN, PERGRAM & DIETZ CO., 50 N. Sandusky Street, Delaware, Oh 43015, For Defendant-Appellant.

Before: W. Scott Gwin, P.J., John W. Wise, J., Patricia A. Delaney, J.


OPINION

GWIN, P.J.

{1} Defendant-appellant JIMBA, LTD appeals a judgment of the Court of Common Pleas of Delaware County, Ohio, which overruled its motion for attorney fees from plaintiff-appellee the Village of Galena, without conducting a hearing. Appellant assigns a single error to the trial court:

{2} "I. THE TRIAL COURT COMMITTED PREJUDICIAL ERROR IN NOT GRANTING APPELLANT'S REQUEST FOR A HEARING ON ITS R.C. 2323.51...

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