State Ex Rel. Brown v. Newport Concrete Co.

This matter involves the appeal of a summary judgment granted by the Court of Common Pleas of Hamilton County, which court, after a review of the pleadings, affidavits, and answers to interrogatories, entered a judgment compelling the defendant, Newport Concrete Company, to remove a certain concrete structure from the bed of the Little Miami Eiver that the trial court had found to interfere with the public’s free use of such stream for navigation purposes.

The original Complaint was filed by the Attorney General of Ohio on behalf of the state and its citizens. It alleged that the state is the…