Proctor v. Wolber, Unpublished Decision (5-24-2002)

OPINION

Plaintiff-Appellant, Gordon Proctor, Director of the Ohio Department of Transportation ("ODOT"), brings this appeal from a Hancock County Common Please Court judgment entered on a jury verdict in an appropriation proceeding initiated to acquire 20.703 acres of land from Defendant-Appellee, Paul Wolber, for relocation of U.S. Route 30 in Hancock County.

ODOT maintains that a party may not submit evidence of alternative property uses unless the party has a present intent to use the property for the identified purpose and has taken steps to develop the property toward that use prior to…