Jury goes against Westerville in State Street case
“A Franklin County Common Pleas Court jury ruled last week that the city of Westerville must pay $1.3 million for the 0.205 acre in front of US Bank, 833 S. State St., that it seized for its South State Street improvements.
The finding stems from a judge’s 2011 decision that Westerville had the right to exercise eminent domain to take the property to bury utility lines, widen sidewalks and enhance landscaping.
Taylor appealed the 2011 decision, with his lawyers arguing that eminent domain could not be used for aesthetic enhancements, that the ornamental fence would block visibility and the closing of a curb cut restrict access to his property, ultimately harming business.
“(Taylor) challenged the city’s right to take his property for landscaping and beautification,” said his attorney, Bruce Ingram. “The visibility of the property would be virtually destroyed from State and Heatherdown.”
It was determined that the decision had to go to jury trial before it could go through the appeals process, Ingram said. That trial ended Thursday, May 9, with the $1.3 million finding in Taylor’s favor.”
Nesbitt, Jennifer. This week News 15 May 2013.