Wray v. Speedway LLC

{¶ 1} Appellant, Jerry Wray, Director of the Ohio Department of Transportation ("ODOT"), appeals the April 28, 2016 judgment of the Erie County Court of Common Pleas dismissing a petition for appropriation of property belonging to appellee, Speedway LLC. For the following reasons, we reverse.

I. Background and Facts

{¶ 2} Speedway owns a gas station and convenience store located on a parcel of land adjacent to the intersection of U.S. Route 250 and State Route 2 in Erie County. The property has two driveways (the "north drive" and the "south drive") to *1040accommodate Speedway's patrons. The north…