State ex rel. Bohlen v. Halliday
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The Supreme Court granted a writ of prohibition sought by Relators, who owned property over which Ohio Power Company sought to take easements by eminent domain, holding that Relators were entitled to a writ of prohibition to prevent Washington County Court of Common Pleas Judge John Halliday from proceeding with a compensation trial during the pendency of Relators' appeal.
After Judge Halliday ruled that Ohio Power's takings were necessary for a public use Relators appealed to the Fourth District Court of Appeals. Notwithstanding the appeal, Judge Halliday scheduled a trial on the issue of compensation. Relators commenced this action seeking a writ of prohibition to prevent Judge Halliday from holding the compensation trial while their appeal was pending. The Supreme Court granted the writ, holding (1) the appropriations in this case did not fall under any of the exceptions to the owner's right to immediate appeal under Ohio Rev. Code 163.09(B)(3); and (2) a compensation trial during the pendency of a section 163.09(B)(3) appeal is inconsistent with the court of appeals' jurisdiction.
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