State ex rel. New Wen, Inc. v. MarchbanksAnnotate this Case
The Supreme Court denied Relator's application for an award of reasonable attorney fees and costs in this mandamus action, holding that attorney fees were not available.
The Supreme Court granted a writ of mandamus to compel the Ohio Department of Transportation and its director (ODOT) to conduct appropriation proceedings to determine the appropriate amount of compensation it should pay to New Wen, Inc., whose Wendy's restaurant was located at an intersection that ODOT closed. Thereafter, New Wen filed an application for attorney fees and other costs. ODOT opposed the application. The Supreme Court denied the application, holding that attorney fees were not available in this type of action.