Wray v. Albi Holdings, P.L.L.

Citations

• 181 N.E.3d 575
• 2021 Ohio 3920

Syllabus

R.C. 163.21(A) – R.C. 163.62(A) – STATUTORY INTERPRETATION – EMINENT DOMAIN: The trial court did not err in holding that employee-retention bonuses paid by appellant business after appellee Ohio Department of Transportation abandoned its proposed appropriation of appellant's property were not recoverable as \other actual expenses\ under R.C. 163.21(A)(2) because the bonuses related to the conduct of the business and not the presentation of appellant's case in the appropriation proceeding. [But see CONCURRENCE: Statutory interpretation of R.C. 163.21(A)(2) is unnecessary because a trial court has broad discretion in determining a \just\ amount of expenses to be charged an appropriating agency after abandonment, and the trial court did not abuse its discretion in determining that it would be unjust to require appellee to repay appellant for expenses it incurred as a result of a business decision to retain employees.] The trial court did not err in holding that employee-retention bonuses paid by appellant were not recoverable under R.C. 163.62(A) because the bonuses related to the conduct of the business and not the presentation of appellant's case in the appropriation proceeding.