1st National Bank v. Mountain Agency, LLC, Ca2008-05-056 (5-11-2009)

OPINION

{¶ 1} Defendant-appellant, Mountain Agency, LLC, appeals a decision of the Clermont County Court of Common Pleas granting a permanent injunction to plaintiff-appellee, 1st National Bank, in a dispute over an easement. For the reasons outlined below, we affirm in part, reverse in part, and remand.

{¶ 2} In December 1975, J. and C. Agency, Inc. ("J.C.A.") purchased approximately 17 acres of real property located in Union Township, Clermont County, Ohio. At that time, J.C.A. president Jeffrey L. Wyler sold a 0.9414-acre portion of this 17 acres to Mt. Lookout Savings and Loan Company ("Mt.…