Mortensen v. Butler Cty. Bd. of Commrs, Ca2007-04-088 (3-10-2008)

OPINION

{¶ 1} Defendant-appellant, the Board of County Commissioners of Butler County, appeals a decision of the Butler County Court of Common Pleas denying its motion for summary judgment in this action for damages to real property.

{¶ 2} In a prior legal proceeding, appellant initiated an appropriation action on April 9, 1999 to acquire property from appellees to accommodate the relocation of a creek and the building of a box culvert that discharged into a drainage ditch on appellees' property. In the action, appellees alleged counterclaims, including that the culvert had caused their…