New 52 Project, Inc. v. Proctor, Ohio Department of Transportation

{¶ 25} I dissent from the holding of the majority that a court of common pleas has no jurisdiction to decide whether an easement for a state highway has been abandoned.

{¶ 26} My analysis begins with the fact that New 52 Project, Inc. (“New 52”) has sued the state in common pleas court, seeking a declaration that the public-highway easement has been abandoned or extinguished. This court has held that the state of Ohio cannot be sued without its consent and further held that an action to quiet title cannot lie against the state. W. Park Shopping Ctr. v. Masheter (1966), 6 Ohio St.2d 142, 35…