Bayer v. City of North College Hill

The dispute in this case concerns the disposition of property that had been dedicated on a subdivision plat as a public street but was never used for that purpose. Although appellant presents the issue as a conflict between the right of the city to convey property that is not needed for municipal purposes and the rights of abutting landowners to seek vacation of a street, the dispositive issue on appeal is whether, under R.C. 723.09, the court of common pleas may grant a petition for vacation of a street upon a motion for summary judgment without considering whether the vacation “will conduce…