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Ohio High Court Calls Out Appellate Court for Failing to Follow Its Directions on Remand

“It is axiomatic that an inferior court lacks jurisdiction to depart from a superior court’s mandate. In AWMS, we reversed the court of appeals’ grant of summary judgment to the state and remanded the case specifically for the purpose of conducting the proper takings analysis. In this regard, we did not leave the court of appeals’ task open-ended,” said the court. “Rather, we specified that the court of appeals ‘must weigh the parties’ evidence relating to AWMS’s total-takings claim’ and ‘must weigh the parties’ evidence in accordance with this opinion.'”

       

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