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06-2950 - Old Granite Development, Ltd v. City of Toledo, et al


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06-2950 - Old Granite Development, Ltd v. City of Toledo, et al
April 10, 2008
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MEMORANDUM OPINION&ORDER . The Court grants the City's Motion (Related Doc # 86); CSX's Motion for summary judgment (Related Doc # 98) is denied as moot; granting CSX's 2nd Motion for summary judgment (Related Doc # 99) and dismisses CSX from the case; grants in part and denies in part Ric-Man's Motion for summary judgment (Related Doc # 100); denying Vermillion's Motion for summary judgment (Related Doc # 101); and denying City's 2nd Motion for summary judgment (Related Doc # 124). As a result of this ruling, the following claims remain: (1) against the City, negligence, trespass&unconstitutional taking; (2) against Ric-Man, negligence&trespass relating to the vegetation removal; and (3) against Vermillion, negligence and trespass relating to the vegetation removal. The court also orders that Vermillion's answer (doc #20) be amended to include crossclaims for indemnification against Ric-Man and the City and those parties answers (doc #17& 25) are amended to include denial of these cross-claims. Signed by Judge Jack Zouhary on 4/10/08. (B,CJ)