Wray v. Wymer

Harsha, Judge.

This is an appeal from the judgment entered by the Scioto County Court of Common Pleas denying the petition of Bernard B. Hurst, Director of Transportation of the state of Ohio, plaintiff-appellant, for appropriation by perpetual easement of real property owned by Howard E. Wymer and Eloise P. Wymer, defendants-appellees.

Appellant assigns the following errors:

Assignment of Error No. 1

“Pursuant to Ohio Revised Code 163.08 the trial court lacked jurisdiction to resolve the issue of ‘the agency’s right to make the appropriation’ other than in favor of the agency.”

Assignment of…