State ex rel. Wasserman v. Fremont (Slip Opinion)

{¶ 1} In this appeal of an action in mandamus alleging an unconstitutional taking, we deny the motion for oral argument and reverse the judgment of the Sixth District Court of Appeals.

{¶ 2} Relators-appellees, Stanley and Kathryn Wasserman, own farmland in Sandusky County, Ohio. They are successors in interest to an easement created in 1915 for the purpose of draining what is now their farmland over land now owned by respondent-appellant city of Fremont.

{¶ 3} The Wassermans and Fremont cooperated in replacing an old drainage tile with two eight-inch plastic drainage tiles across the easement…