State Ex Rel. Fisher v. McNutt

Gwin, Judge.

Defendants-appellants, Donald and Patty McNutt (“appellants”), appeal from the judgment entered in the Muskingum County Court of Common Pleas permanently enjoining appellants from interfering with the use of an easement located on their property and owned by plaintiff-appellee, state of Ohio, Department of Natural Resources (“state”). Appellants’ assignments of error are attached hereto and made a part of this opinion. 1

Facts

In 1958, the state acquired a right-of-way easement by deed from the United States of America. The original grant of this easement was made in 1887 by Stuart…