12/03/2006

Ohio Supreme Court declines to hear eminent domain case: Akron OH Beacon-Journal, 11/30/06

Associated Press

The Ohio Supreme Court has declined to hear the case of an 80-year-old woman whose home was torn down by this city for a road project.

Justices voted 6-1 Wednesday in Columbus to pass on the case, but did not explain their decision.

Emma Dimasi and her son and lawyer, Vincent Dimasi, were appealing a June ruling by a state appeals court. The 1st Ohio District Court of Appeals ruled that the Dimasis could not appeal Cincinnati's claim of eminent domain until after a jury trial determined the home's value.

Emma Dimasi's home of 47 years was torn down by the city July 20.

After the appeals court ruling, the Supreme Court ruled in a separate eminent domain case that the Cincinnati suburb of Norwood could not seize homes for a retail development.

The Dimasis argued that case should have applied to them, claiming the road widening project would benefit Good Samaritan Hospital's $122 million expansion.

Two lower courts rejected that argument. The city and the hospital have said the timing of the two projects was coincidental.

The case now moves to a trial in Hamilton County Common Pleas Court to determine possible compensation for the Dimasis.


Akron OH Beacon-Journal: http://www.ohio.com/mld/beaconjournal