Smith v. Summit County

Dickinson, Judge.

Plaintiffs Gerald and Nellie Smith have appealed from a judgment of the Summit County Common Pleas Court that dismissed their case against defendants Summit County and Gene Esser, the Summit County Engineer. Plaintiffs have argued that the trial court incorrectly held that they could not maintain a mandamus action to require the county to institute eminent domain proceedings for depriving them of ground water flow under their land. 1 This court affirms the judgment of the trial court because interruption of the flow of ground water is not a taking for which appropriation…