State ex rel. Standen v. N. Ridgeville

Summary

The Supreme Court of Ohio denied a writ of mandamus that would have compelled the City of North Ridgeville to initiate a second appropriation proceeding to compensate the Standens for the alleged loss of roadway access to the residue of their property after a partial taking for a roundabout project. Although the court confirmed that deprivation of roadway access to the residue is a compensable property interest, it held the Standens had already exhausted their adequate remedy in the ordinary course of law because residue damages, including loss of ingress and egress, were placed at issue and litigated in the first appropriation trial, and any shortfall could have been raised on cross-appeal. The court also denied the Standens' motion for leave to file rebuttal evidence as procedurally defective because the supporting affidavit was proxy-signed without complying with R.C. 147.59(B), and it did not reach the city's res judicata argument.