Legal Opinion

In Re Appropriation by the Dir. of Highways

Ohio Court of Appeals

Decided April 9, 1963No. 213PublishedCited by 9 opinions

1Opinion of the CourtGuernsey, J.

This is an appeal by Henry A. Diegel from a judgment in an action in the Court of Common Pleas of Auglaize County, Ohio, initiated by the Attorney General of Ohio on behalf of the Director of Highways under the provisions of Chapter 5523, Revised Code, to appropriate for a grade separation certain land belonging to Diegel.

By specific order of the court and over the objection of Diegel the action was tried to a special jury drawn in the manner prescribed by Section 5519.02, Revised Code, relating to highway appropriations generally.

It is undisputed that the Diegel property consists of two…

Also in this document: Concurrence.

2Cases cited3 opinions

  1. Sowers v. SchaefferOhio Supreme Court · 1951
  2. Schario v. StateOhio Supreme Court · 1922
  3. McKarns v. Ohio Turnpike CommissionOhio Court of Appeals · 1953

3Cited by9 opinions

  1. State v. 45,621 Square Feet of LandAlaska Supreme Court · 1970
  2. State v. PuenteOhio Supreme Court · 1982
  3. Masheter v. KebeOhio Court of Appeals · 1973
  4. Department of Public Works & Buildings v. TinsleyAppellate Court of Illinois · 1970
  5. Department of Public Works & Buildings v. DixonAppellate Court of Illinois · 1966

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