Haynes v. City of Franklin

{¶ 22} I concur in the judgment reached by the majority, but I do so for different reasons. I agree with the majority’s holding that an edge drop on the berm of a county or city road does not, in and of itself, constitute a nuisance within the meaning of R.C. 2744.02(B)(3). However, I respectfully disagree with the majority’s conclusion that circumstances may exist in which a defect in the berm arising after the design and completion of construction of a roadway, including a defect creating an edge drop between the pavement and the adjoining *350berm, would fall within the definition of…