Bryan E. Pacheco


Successful Representation of Municipality in Right to Take Hearing

Client: a municipality

Our client, a municipality, filed an action to appropriate private property for a road improvement project. The private owner challenged our client’s right to take its property and the necessity of the appropriation. A Hamilton County, Ohio Court of Common Pleas judge heard testimony and evidence over six days. The court concluded the private owner’s property was needed for our client’s road project and the project was necessary to improve safety and traffic control and efficiency at the intersection. Finally, the evidence established that the municipality operated in good faith and fully complied with R.C. 163.04 and R.C. 163.59. Thus, the court determined our client had the right, and had established the required necessity, to appropriate the property for the road improvement project.

James H. Huff, et al. v. Real Living, Inc., Case No. A0908858, Court of Common Pleas, Hamilton County, Ohio

Breach of contract from the collapse in 2005 of the 2002 merger of Huff Realty and HER Realtors, which formed Real Living. Under the terms of the 2005 dissolution, Real Living paid Huff's owners $4 million for their share of the merged company. They were to pay an additional $4.5 million by Jan. 1, 2007. After a hearing, the judge agreed that Huff is entitled to payment, which is now $5.8 million and building by $1,110 a day with interest. The ruling was issued April 1, 2010 by Hamilton County Common Pleas Judge Steve Martin.