Verdicts And Settlements

A. PAST CASES:

1. ODOT vs. Clyde Craig (4-family apartment building) - Handled when the Interstate went through West Toledo - model prepared.

RESULT: A multiple of offer by the State received from Jury.

2. City of Toledo vs. Hill Avenue Apartments (parking area taken to make apartments non-conforming use).

RESULT: Multiple amount of initial offer collected.

3. Ohio Department of Transportation vs. Paxton (road widening of I-75 at intersection of I-280, taking part of a landfill).

RESULT: Approximately 10 times the original offer.

4. Ohio Turnpike Commission vs. Weldon F. Stump Pension Fund (appropriation of 7 acres of land for an exit next to Toledo Express Airport). - 1993

RESULT: Jury trial, verdict 7 times what the State offered.

5. University of Toledo vs. Josephs (taking of Southwest Academic Center on the southeast corner of Dorr Street and Secor Roads).

RESULT: Two and a half times State offer.

6. County of Lucas vs. Reitz (appropriation for sanitary sewer line along Airport Highway at corner of Eber Road).

RESULT: Dismissal of action by County but resulting in a Federal Court lawsuit titled Reitz vs. County of Lucas for violation of property rights and recovery of 50% of the value of the property by virtue of the fact that they took down certain trees on the property without authority.

7. City of Toledo vs. Commodore Island Condominium Association - 1996 - The City of Toledo threatened use of its eminent domain power to clear approximately one dozen condominiums that were newly constructed on Commodore Island in the Maumee River, for use by Owens Corning Fiberglas Corporation.

RESULT: After getting the news media and substantial television coverage on the side of the condominium owners we were able to obtain substantial monies (in the $5,000,000.00 range) which were approximately 8 to 10 times each person's investment.

8. Ohio Department of Transportation vs. City Auto Radiator.

RESULT: Offer: $50,000.00 - Verdict: $145,000.00


9. University of Toledo vs. Shugarman Surgical Supply.

RESULT: Settled out of Court for substantial increase in offer.

10. University of Toledo vs. Waterfront Electric Railway. The University of Toledo offered approximately $50,000.00 for antique railroad cars and land.

RESULT: Judge Doneghy of the Lucas County Common Pleas Court ruled that the railroad cars were fixtures and we were entitled to a minimum of $300,000.00 recovery. The trial actually began but during the trial the case settled for a substantial recovery to the client, over and above the $300,000.00. (This opinion was published throughout the State of Ohio as case precedent.)

11. State of Ohio vs. Ron Recknagel - Part of Golden Triangle is being eminent domained with access being denied.

RESULT: Through working with the engineers and hiring a private engineering firm we were able to obtain a roadway access to the 7 acres that was being cut off, and one corner was already sold to a BP gas station and another to a motel for significant dollars. State taking 8 acres at 795 and I-75. Offer: $420,000.00 - Settled: Got state to take only one acre for $75,000.00 and to put in a traffic light for access and client sold part of property for $2,500,000.00.

12. City of Toledo vs. Terry Schroeder - Eminent Domain for widening of Swan Creek.

RESULT: We were able to achieve double the offer -- then the City never used the extra land when it widened Swan Creek.

13. Ohio Department of Transportation vs. Nancy Robon.

RESULT: Settled for four (4) times original settlement offer.

14. City of Toledo vs. Luttenberger & Company, Inc. - Eminent domain case involving an industrial property needed for the new Jeep plant.

RESULT: Settled in May, 1999 for six (6) times the original appraised value and offer by City of Toledo.

15. City of Toledo vs. Karp Realty/Lu-My-Co Realty -- Closing Douglas Road for construction of new bridge over ditch south of Alexis Road.

RESULT: Settled for two times the original offer.

16. State of Ohio Department of Transportation vs. Romstadt, Kenneth and Janet B Eminent domain for widening of State Route 2 in Oregon, Ohio.

RESULT: Settled for approximately three (3) times original offer in October, 2000.

17. State of Ohio, Department of Transportation vs. Romstadt, Paul and Lonna -- Eminent domain for widening of State Route 2 in Oregon, Ohio.

RESULT: Settled for two plus times original offer on date of trial.

18. State of Ohio, Department of Transportation vs. Romstadt Bros. -- Eminent domain for widening of State Route 2 in Oregon, Ohio.

RESULT: Settled for approximately 1.5 times original offer in late 1999.

19. County of Lucas vs. Frank and Thelma Veres - Eminent Domain for widening of McCord Road, near the intersection of Sylvania Avenue.

RESULT: Settled in December, 2000 for 2+ times the original offer from the County, after appraiser was retained for both the damage to shrubbery and the "take".

20. Navarre Avenue widening involving Joseph Brothers Realty (Foodtown Store in Oregon, Ohio).

RESULT: Settled by agreement with a substantial increase in payment to owner.

21. Ohio Department of Transportation vs. St. Stephens Church. Ohio Department of Transportation wanted to take approximately 2‑1/2 acres of a 10-acre parcel along Front Street for the new bridge for I-280 over the Maumee River. Their initial offer was very minimal.

RESULT: Negotiations resulted in deeding 2 1/2 acres to ODOT for double their offer, and leasing the remaining 7 1/2 acres at more than 100% of its value for six (6) years, and having ODOT return the property after six years with paving and sanitary and storm sewers installed. Resolved in late 2001.

22. Ohio Department of Transportation vs. Bostleman - Attempted taking of 20 plus acres of land around U.S. 23 and I-475 for revamping the Salisbury Road cloverleaf interchange. Original offer was $549,000.00 for one-half of the property, being the better half adjacent to the Interstate, which was not in the flood plain.

RESULT: Settlement was with Toledo-Lucas County Port Authority for $1,800,000.00 for the entire parcel - Resolved in January, 2002.

23. City of Maumee vs. Kevin Kaltenbach

RESULT: Settled for a sum substantially in excess of City=s offer, in 2004.

24. City of Maumee vs. Barbara Creque

RESULT: Settled for a sum substantially in excess of City=s offer, in 2004.

25. City of Toledo vs. Katz Kidd Investments for widening of Secor Road and Sylvania Avenue, which affects the shopping center at the northwest corner of Sylvania and Secor.

RESULT: Settled after litigation for substantial percentage over offer.

26. Ohio Department of Transportation vs. GLR Ohio #6, et al. (Burger King)

RESULT: Case resolved for appropriation of property for highway improvements on Airport Highway in Springfield Township, Lucas County, Ohio by paying for lost profits and ODOT agreeing to take less land.

27. City of Toledo vs. Bernard Ross Limited Partnership - City of Toledo wants to widen Sylvania Avenue which will take substantial parking from this site located at the southeast corner of Sylvania and Secor. The City is offering nominal money and we believe it is a "total take".

RESULT: Jury Verdict in September 2004 resulted in double what the City offered.

28. City of Toledo vs. Glen Witmell - Hill Avenue road widening.

RESULT: Case settled for substantial amount more than original offer.

29. City of Toledo vs. Lubinski

RESULT: Jury verdict 2/10/06 just under four (4) times what the City offered. Offer: $28,000.00 - Verdict: $78,000.00

30. City of Fostoria vs. Richard Elder - 2006

RESULT: Jury verdict 3/2006 was 195,000 times City's offer - offer was $1.00 because of alleged contamination. Offer: $1.00 - Verdict: $195,000.00

31. Village of Waterville vs. Knollman - 2006

RESULT: Offer $116,000.00, award $224,500.00 being the full appraised value (more than double the offer).

32. City of Toledo vs. Gardner Signs - 2006 - Jury verdict of approximately five (5) times the offer.

RESULT: Offer: $28,000.00 -- Jury Verdict: $173,500.00

33. City of Toledo vs. Sujkowski Investments Co. - 2006

RESULT: Jury verdict two and one-half (2 ½) times the offer. Offer: $28,000.00

34. City of Toledo vs. Monroe/Laskey Partnership - 2006

RESULT: Jury verdict of $690,000.00, which is almost eight (8) times the offer of $82,000.00.

35. City of Toledo vs. Joseph Brothers - 2007

RESULT: Offer: $30,000.00 - Settled: $100,000.00

36. City of Toledo vs. Byron Wynn - 2007

RESULT: Offer: $10,000.00 - Settled: $34,500.00

37. City of Toledo vs. Robert Joy - 2007

RESULT: Offer: $30,000.00 - Settled: $45,000.00

38. Willis Boice vs. Village of Ottawa Hills - Decision on appeal rendered August 31, 2007. Property owner appealed from Zoning Commission's and Village Council's denial of issuing a building permit because the lot size did not comply with current regulations. The property owner alleged that this was a "Taking" and the Ottawa Hills Regulation was unconstitutional as applied to this fact situation.

RESULT: In the Appeals Court's 18 page Opinion it reversed the trial court and entered judgment in favor of the property owner remanding the case for re-determination of the regulatory taking, i.e. eminent domain. The Ohio Supreme Court ruled in our favor for the property owner.

39. Ohio Department of Transportation/County of Lucas vs. Shugarman -

appropriation for widening of Interstate 23/475 on Briarfield Blvd.

RESULT: Settled for 2½ times offer.

40. Ohio Department of Transportation vs. Dorothy Moosman

RESULT: Offer: $5,600.00 - Jury Verdict: $88,902.00.

41. Ohio Department of Transportation vs. Carol Lewis - road widening on Neapolis-Waterville Road 62 acre parcel for new Rt. 24 project between Waterville and Whitehouse, Ohio.

RESULT: Offer: $150,000.00 - Settled: $450,000.00.

42. Ohio Department of Transportation/County of Lucas vs. Hearndon - re‑routing of Rt. 24 between Waterville and Whitehouse, Ohio and which is taking part of five acres and eliminating trees in front of their residence causing damage to the residue of their property located Noward and Waterville-Neapolis Roads.

RESULT: Offer: $2,500.00 - Settled: $11,000.00.

43. Ohio Department of Transportation/County of Lucas vs. Rolland Moosman - re-routing of Rt. 24 between Waterville and Whitehouse, Ohio and which is taking farm of 17 acres and eliminating trees in front of their residence causing damage to the residue of their property located Noward and Waterville-Neapolis Roads.

RESULT: Offer: $134,000.00 (raised at trial to$281,700.00) - Verdict: $685,700.00 (September 16, 2009). Court awarded an additional $20,000.00+ for interest and in March 2010 awarded $100,842.50 in legal fees and expenses.

44. Ohio Department of Transportation vs. Charles Howey, Trustee (Salisbury Road Apartments) - road widening on Salisbury Road, Maumee, Ohio to accommodate new clover leaf at I-23/I-475.

RESULT: Offer: $88,000.00 - Settled: $475,000.00 (plus planting of 4 dozen pine trees as a screen) (March 2010).

45. Ohio Department of Transportation vs. Midland Title, Trustee (Waterville Landings) - road widening on a 350 acre parcel on Rt. 24 between Waterville and Whitehouse, Ohio.

RESULT: Offer: $972,000.00 - Settled: $1,600,000.00 (April 2010).

46. Ohio Department of Transportation vs. Michael and Max Jeffers - Jeffers Greenhouse - road widening on a 24 acre parcel on Jeffers Road west of Whitehouse, Ohio.

RESULT: Offer: $32,000.00 - Settled: $92,500.00 (March 2010).

47. Ohio Department of Transportation vs. Fallen Timbers Fairways - re‑routing of Rt. 24 between Waterville and Whitehouse, Ohio.

RESULT: See #48 below (Fallen Timbers Development).

48. Ohio Department of Transportation vs. Fallen Timbers Development - re‑routing of Rt. 24 between Waterville and Whitehouse, Ohio.

RESULT: Original case dismissed by ODOT. Combined settlement offer of $51,000.00 - Settled: $394,000.00 (during trial) (April 2010).

49. City of Oregon vs. Copper Cove Apartments - widening of Wheeling Street in Oregon, Ohio.

RESULT: Offer - $96,700.00 - Settled:$175,000.00 (April 2010).

50. Ohio Department of Transportation vs. Frederick Newell - road widening on County Road 3, Fulton County for residence on a 5 acre parcel for new Rt. 24.

RESULT: Offer - $16,195.00 - Settled: $42,500.00.

51. City of Delaware vs. City of Delaware vs. Delaware County Bank & Trust Co., et al. We represented a bank that held a mortgage on a potential development site adjacent to the City of Delaware's landfill. Methane gas was leaking from the landfill into the mortgaged property and the court issued a mandamus that the City of Delaware must eminent domain the property.

RESULT: In representing the bank we obtained a substantial award so that the mortgage could be paid and in addition obtained a court order reimbursing the bank for attorney fees that it expended in the eminent domain proceeding (2011).

52. Sprint-ACS vs. Walter Keil.

RESULT: Initial Offer - $5,000.00 - Settled: With Underground wiring company paying $25,000.00.

53. Ohio Gas Company vs. Evelyn Keil.

RESULT: Settled for multiple of the initial offer (Sept. 2012).

54. ODOT vs. Magic Wok - Central & Holland Sylvania.

RESULT: Settled with ODOT for 25% more than offer.

55. Board of Lucas County Commissioners vs. The Roach Group, Ltd., et al. - Construction of railroad underpass on McCord in Springfield Township.

RESULT: Initial Offer $370,000.00 - Settled in excess of $675,000.00 plus additional land area (May 2014).

56. Toledo Edison Co., et al. vs. James M. Voland, Trustee (owner of farm land in Perrysburg Township, Wood County, Ohio, where plaintiffs want to install large electrical towers on property).

RESULT: Offer: $90,000.00 - Jury Verdict: $1,000,000.00

(TAKE $200,000.00 -- $800,000.00 damage to residue) (December 2014 -- Also awarded $227,500 in legal fees)

57. Toledo Edison Co., et al. vs. John C. Voland (owner of farm land in Perrysburg Township, Wood County, Ohio, where plaintiffs want to install large electrical towers on property).

RESULT: Settled for multiples 2015

58. Toledo Edison Co., et al. vs. John T. Voland, et al. (owners of farm land in Perrysburg Township, Wood County, Ohio, where plaintiffs want to install large electrical towers on property).

RESULT: Settled for multiples 2015

59. City of Toledo vs. Li (owners of the Wendy's Restaurant - Dorr and Secor)

RESULT: Offer of $17,800.00 -- Settled for $87,900.00

60. ODOT vs Northwest Ohio Properties, Ltd. -- Widening of Intersection of Route 20 and Crissey Road

RESULT: Obtained more than four times initial ODOT offer 2015

61. Lucas County vs Brandywine Apartments (Andersons's Project)

RESULT: Won Federal Court motion and case settled,

but confidentiality agreement in place 2015.

62. Rothschild, et al. vs United States (Ranch Fire)

OFFER: $500,000.00 -- Settled at $1,500,000.00

Cheyenne, Wyoming -- U.S. District Court 2016

63. North Coast Pipeline (assigned to Generation Pipeline) vs. Kazmaier

-- Eminent Domain Case

RESULT: Settled for a multiple of the initial offer

64. North Coast Pipeline (assigned to Generation Pipeline) vs. Scott & Mary

Rogers -- Wood County

RESULT: Settled case for more than 10 times the initial offer in

the Wood County Common Pleas Court August 2016

65. North Coast Pipeline (assigned to Generation Pipeline) vs Roland and

Sandy Neiderhouse (2 locations)

RESULT: Settled case for almost 20 times the initial offer in

the Wood County Common Pleas Court August 2016

66. North Coast Pipeline (assigned to Generation Pipeline) vs Louisville Title

Agency for N.W. Ohio, Inc., Trustee (Gerald Bihn)

RESULT: Settled case for eight times the initial offer in the

Wood County Common Pleas Court August 2016

67. City of Toledo vs. Bobairport, LLC, et al. (occupants - Dorr and Secor)

RESULT: Original Offer $3,780.00 -- final amount $18,000.00

Settled 2016

68. Nexus Gas Transmission vs Robert Schlachter (Woodville, Ohio)

Eminent Domain Case

RESULT: Settled for more than 4 times the initial offer (2016)

69. Lucas County, et al. vs. PE-KC, LLC - Dorr Street & King Road

Toledo, Ohio (Plaintiffs want to widen road for Roundabout)

RESULT: Settled prior to trial at more than 6 times

the initial offer (2017)

70. Nexus Gas Transmission vs Randy and Renee Walker (Swanton, Ohio)

RESULT: Settled in 2017

71. Nexus Pipeline Company vs Estate of Laura Elder

-- taking of property near Maumee River

RESULT: Settled for 4 times more than offered (2017)

72. Nexus Pipeline Company vs William & Vicki Ryan

-- taking of developable farm land

RESULT: Settled for 5 times more than offered (2017)

73. ODOT vs Bob Perrysburg (widening of Libbey Road)

RESULT: Settled for multiple times more than offered (2017)

74. City of Toledo vs O'Connell -- Eminent Domain Case

(Anthony Wayne Trial re-routing into City of Toledo)

RESULT: Settled for 160% of original offer (2017)

75. ODOT vs The St. Joseph's Cemetery Association

-- taking of property in Wapakoneta, Ohio

RESULT: Offer $71,500.00 -- settlement 5 times that amount

($345,000.00) Auglaize County Common Pleas Court (2017)

76. Nexus Gas Transmission vs Linda Welsch, Trustee (Luckey, Ohio)

RESULT: Settled for approximately 7 times the offer (2017)

77. ODOT vs Henry and Pearl Fok (taking of restaurant in Waterville, Ohio

for new bridge over Maumee River)

RESULT: Settled for almost double the offer (2017)

B. PENDING CASES:

1. Rover Pipeline vs Sally Scheil & Sue Scheil (Washtenaw County, Michigan)

2. Rover Pipeline vs L & B Schaible LLC (Washtenaw County, Michigan)

3. Rover Pipeline vs BVK Holding LLC (Washtenaw County, Michigan)

4. Rover Pipeline vs William & Cindy Kemner (Washtenaw County, Michigan)

5. Rover Pipeline vs Matt Little (Washtenaw County, Michigan)

6. Rover Pipeline vs Michael & Jill Croghan (Washtenaw County, Michigan)

7. Rover Pipeline vs Michael James Croghan (Washtenaw County, Michigan)

8. Rover Pipeline vs Bill & Karen Zimmer (Washtenaw County, Michigan)

9. Rover Pipeline vs Thomas Waldock, Trustee of the Trust Agreement of Thomas A Waldock (and Diane) (Bloomdale, Ohio)

10. Rover Pipeline vs Kenneth Stearns and Jane M. Stearns, Trustees of the Stearns Family Trust (Bloomdale, Ohio)

11. Rover Pipeline vs Dennis Nye, P.O.A. for Valerie V. Nye (Bloomdale, Ohio)

12. Rover Pipeline vs Patty J. Stearns, Successor Trustee of the Jack L. Stearns Declaration of Trust (Bloomdale, Ohio)

13. Rover Pipeline vs Michael J. Stearns, Trustee under the Trust Agreement of Michael J. Stearns (Bloomdale, Ohio)

14. Rover Pipeline vs Barbara Ann (Slosser) Turley (Fostoria, Ohio)

15. City of Rossford vs Larry Wojnar (Buck & Lime City -- road widening)

* NOTE:

No confidentiality has been breached by the references above for the reason that additional monies are paid into Court when settled, and they become a part of the public record.