Legal Opinion
In Re Appropriation of Easements
Ohio Court of Appeals
Decided December 2, 1958No. 587PublishedCited by 3 opinions
1Opinion of the CourtCrawpord, J.
The Director of Highways appeals on questions of law and fact a judgment of the Court of Common Pleas. Five assignments of error are noted.
Such a case is not appealable on questions of law and fact. Section 2501.02, Revised Code. For this reason, appellees, property owners, moved to dismiss the appeal. The motion was accordingly sustained at the time of argument by reducing the appeal to one on questions of law, and the case was heard and considered as such. Section 2505.23, Revised Code.
Certain real estate is being taken for a perpetual highway easement in the improvement of state route No.…
2Cases cited7 opinions
- Sowers v. SchaefferOhio Supreme Court · 1951
- Braslin v. Somerville Horse RailroadMassachusetts Supreme Judicial Court · 1887
- United States v. AlexanderSupreme Court of the United States · 1893
- In Re Appropriation of Easement for Highway PurposesOhio Court of Appeals · 1952
- In Re Appropriation of Easement for Highway Purposes Over Property of Moores Lime Co.Ohio Court of Appeals · 1958
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3Cited by3 opinions
- City of Winooski v. State Highway BoardSupreme Court of Vermont · 1965
- State v. PontenWashington Supreme Court · 1969
- State v. PontenWashington Supreme Court · 1969