Legal Opinion

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

Ohio Supreme Court

Decided April 21, 2009No. 2008-0574Published

1Opinion of the Court

[Cite as New 52 Project, Inc. v. Proctor, 122 Ohio St.3d 1,

2009-Ohio-1766.] NEW 52 PROJECT, INC., APPELLEE, v. PROCTOR, DIR., OHIO DEPARTMENT OF TRANSPORTATION, APPELLANT. [Cite as New 52 Project, Inc. v. Proctor, 122 Ohio St.3d 1,

2009-Ohio-1766.] Abandonment of state highway — R.C. Chapter 5511 gives the director of transportation the exclusive authority to abandon or vacate portions of the state highway system. A court of common pleas has no jurisdiction to decide whether an easement for a state highway has been abandoned. (No. 2008-0574 — Submitted February 4, 2009 — Decided April 21,…

2Cases cited6 opinions

  1. State ex rel. Shemo v. City of Mayfield HeightsOhio Supreme Court · 2002
  2. West Park Shopping Center, Inc. v. MasheterOhio Supreme Court · 1966
  3. Houck v. Board of Park CommissionersOhio Supreme Court · 2007
  4. Bigler v. Township of YorkOhio Supreme Court · 1993
  5. New 52 Project, Inc. v. Proctor, Ohio Department of TransportationOhio Supreme Court · 2009

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