No decision announced on whether city will appeal
“After more than a month of silence, Westerville officials have yet to determine whether they will appeal a case that could cost the city more than $1.3 million.
As part of its $2.1 million gateway project, Westerville took a 0.205-acre piece of James Taylor’s US Bank property at 833 S. State St. through eminent domain in 2011.
The eminent domain action followed two years of fruitless negotiations to buy the land from Taylor in order to install an aesthetic “gateway” feature at the city’s southern entrance.
A Franklin County judge approved the city’s taking of the land to bury utility lines and install decorative brick pillars, wrought-iron fencing and landscaping.
But in 2013, a Franklin County Court of Common Pleas jury awarded Taylor $1.3 million for property and attorney fees, agreeing that it affected his business’s visibility.
The city appealed the decision, and Aug. 12 the Ohio 10th District Court of Appeals sided with Taylor, upholding the decision.
City officials were given 45 days from the Aug. 12 ruling to decide whether to appeal to the Ohio Supreme Court.”
King, Andrew. This Week COmmunity News 18 September 2014.