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December 2018 Archives

Business litigation and product liability

Business endeavors provide their customer base with reliable goods and services. However, despite their best efforts, sometimes consumers claim that they were harmed by a business's product. When this happens, a product liability lawsuit may be levied with a consumer hoping to recover compensation for their alleged damages. In these circumstances, a business needs to be prepared with a strong civil defense if it hopes to prevail.

Ohio country club challenging eminent domain

As we've discussed previously on this blog, eminent domain involves governmental taking of property for the public good in exchange for just compensation. Oftentimes in these matters there is dispute as to whether or not the taking is for the public good and whether or not just compensation is being provided. When disputes over these issues arise it is critical that the matter be taken to court, as eminent domain allows for the taking of property with or without consent.One of these disputes is occurring right here in Ohio and is headed to court. The lawsuit centers around property currently being leased by a private country club. The land that the golf course is on was originally leased from the Ohio Historical Society in 1907, then was renewed in 1997 for another 50 years. So, the current lease does not expire until 2078. However, the Historical Society, now known as the Ohio History Connection, now wants to end that lease, utilize eminent domain to take the property, and convert the 135 acre property into a public park. The group says that doing so will allow the property to be nominated as a World Heritage site.Here, the issue is not whether the taking is in furtherance of the public good, but rather whether the Historical Connection is offering to pay just compensation. Executives at the country club say that the payment amount that has been offered is not enough for it to relocate its business and its 100 employees. They therefore fear significant financial losses and the loss of numerous jobs.It will be interesting to see how this case plays out. There is obviously a lot at stake, which is why the parties to this case, and similar ones, need to ensure they have a strong legal advocate on their side.

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