Ohio's Third District Court of Appeals ruled in favor of land owner John Wirchanski May 23.

Dublin loses land appeal

Ohio's Third District Court of Appeals ruled in favor of land owner John Wirchanski May 23.

Dublin appealed a decision made by the Union County Court of Common Pleas that denied the city's request to give back two of the three parcels of land it acquired from Wirchanski in 2008.

In 2006, Dublin started design and construction plans for improvements at the U.S. Route 33/state Route 161/Post Road interchange, but needed three parcels of almost 20 acres of farming land owned by Wirchanski.

Dublin took the land through eminent domain and paid Wirchanski $6.88 million.

Wirchanski, believing the land was worth $8 to $8.9 million disputed the city's appraisal and litigation between the two parties continued until April 2010, when Dublin filed a notice of partial abandonment of two parcels, or about 15 acres.

Dublin took improvements to the U.S. Route 33, state Route 161 and Post Road interchange off the table because of a slowdown in development in the area and would not need the land, the Third District Appeal decision said.

A suit went to Union County Court of Common Pleas alleging that Dublin could not return the land to Wirchanski, because they have already taken possession of the land. A judgment was returned in Wirchanski's favor and Dublin appealed the case in Ohio's Third District Court of Appeals.
This week the appeal that sought to give back two parcels in return for about $5 million initially paid for the land was struck down in the Third District Court of Appeals.

A call to the city seeking comment on Dublin's next plan of action was not immediately returned.

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