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Judge Orders City To Pay After Losing Eminent Domain Fight


Last Update: 7/31/2007 9:36 pm
A judge has ordered the City of Cincinnati to pay attorney fees after losing their battle to seize property through eminent domain.

In 2001 the city sued four property owners where two fast food restaurants were located on Calhoun Street in University Heights.

The buildings used to occupy an Arby's and a Hardee's but have now sat empty for years.

The property owners took their case to an appeals court and won.

A Hamilton County Judge said the city must now pay three hundred and thirty thousand dollars in lawyer fees.

An attorney for the owners' said his clients are still deciding whether to sue for the lost income.

"This is my client's retirement. My clients' are older gentlemen who invested in property in Clifton. They haven't had for the most part income from that property since 2001. They've lost that because of the city of Cincinnati and the University of Cincinnati's actions," said Matthew Fellerhoff, the attorney for Property Owners.

The city solicitor has not decided whether or not to appeal the judge's ruling.





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