Smith v. Gilbraith

Ford, Presiding Judge.

This is an appeal from a judgment of the Ashtabula Court of Common Pleas authorizing the appropriation of a perpetual easement in 24.336 acres of property located more than three hundred feet from the nearest edge of the I-90 right-of-way.

On September 18, 1986, appellee, Warren J. Smith, Director of Transportation (“DOT”), petitioned to appropriate twenty-seven acres in fee simple pursuant to R.C. 163.04 for the purpose of “making or repairing” roads, specifically a portion adjacent to 1-90 in Conneaut Township of Ashtabula County. Appellants, Alice R. Gilbraith, and…