Legal Opinion

Nies v. Fritzsch Custom Builders, L.L.C.

Ohio Court of Appeals

Decided February 5, 2010No. C-081302Published

1Opinion of the Court

Hildebrandt, Presiding Judge.

{¶ 1} Defendant-appellant, Fritzsch Custom Builders, L.L.C. (“Fritzsch”), appeals from a number of judgments of the Hamilton County Court of Common Pleas in a dispute involving a view easement over a parcel of real property.

*38The View Easement

{¶ 2} Fritzsch obtained title to a parcel of land adjacent to property owned by plaintiffs-appellees, Thomas M. Nies and Suzanne Nies. The use of the Fritzsch property was limited by the following language: “The owners of Lot 8, their heirs, successors and assigns, agree not to install or erect any structures, or permit them to…

2Cases cited5 opinions

  1. Kelly v. Medical Life InsuranceOhio Supreme Court · 1987
  2. Graham v. Drydock Coal Co.Ohio Supreme Court · 1996
  3. Record Publishing Co. v. KainradOhio Supreme Court · 1990
  4. Miller v. Lagos, 2008-T-0014 (11-3-2008)Ohio Court of Appeals · 2008
  5. Martin v. Lake Mohawk Property Owners, 06-Ca-841 (11-28-2007)Ohio Court of Appeals · 2007

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