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Monday, March 06, 2006

3/6/2006 - Supreme Court of Ohio Case Announcements

PORTAGE COUNTY BOARD OF COMMISSIONERS, APPELLEES
AND CROSSAPPELLANT, ET AL., v. CITY OF AKRON ET AL.,
APPELLANT AND CROSSAPPELLEE; CITY OF RAVENNA, APPELLEE.

No. 2004-0783 — Submitted March 9, 2005 — Decided March 6, 2006

Riparian rights—Municipal water supplies—Dam owner’s duty to
release water to downstream users —Statute purporting to grant
exclusive rights to river water—Prohibition of public recreational
use of city-owned reservoir.

MOTION AND PROCEDURAL RULINGS

2003-1572. State ex rel. Howard v. Indus. Comm.
Franklin App. No. 97AP-860. This cause came on for further
consideration of appellant's motion for leave to file a motion for
relief from the court's December 30, 2005, January 26, 2006,
and February 27, 2006 entries. Upon consideration thereof,
IT IS ORDERED by the court that the motion for leave is denied.

2005-1698. Dugan & Meyers Constr. Co., Inc. v. Ohio Dept. of
Adm. Servs. Franklin App. No. 03AP-1194, 162 Ohio App.3d 491,
2005-Ohio-3810. This case is pending before the court as an
appeal from the Franklin County Court of Appeals. Upon
consideration of appellant's motion to exceed page limitation in its
merit brief,
IT IS ORDERED by the court that the motion is denied.

2006-0023. Cousino v. Stewart.
Fulton App. No. F-05-011 and F-05-004, 2005-Ohio-6245.
This cause is pending before this court as a discretionary appeal.
On February 10, 2006, appellant filed a motion for leave to file
an affidavit clarifying facts. Whereas the motion is in violation
of S.Ct.Prac.R. III(3),
IT IS ORDERED by the court that the motion is stricken.

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