Emma Dimasi filed the appeal last week after the Ohio First District Court of Appeals declined to reconsider its previous ruling allowing the city to take the Dixmyth Avenue home for a $4 million road project.
Since that decision, the Ohio Supreme Court ruled in a Norwood case that the use of eminent domain for economic development projects is unconstitutional.
Dimasi's son and attorney, Vincent A. Dimasi, has argued that the city really wants the property to give to Good Samaritan Hospital for its $120 million expansion, and that the Supreme Court precedent should apply.
City officials say it has ample evidence from city engineers that the widening of Dixmyth Avenue is necessary for traffic safety.
Cincinnati OH Enquirer: http://news.enquirer.com