Harvest Land Co-Op, Inc. v. Sandlin, Ca2007-07-161 (10-20-2008)

OPINION

{¶ 1} Defendant-appellant, Sally A. Mills, appeals a declaratory judgment from the Butler County Court of Common Pleas extinguishing an easement due to abandonment in favor of plaintiff-appellee, Harvest Land Co-op, Inc. We reverse and remand the decision of the trial court.

{¶ 2} On October 17, 2003, appellant purchased the real property located at 374 South "D" Street in the city of Hamilton. Harvest Land owned real property situated behind a number of plots, including appellant's. Harvest Land's property fronted "C" Street, a road running parallel to "D" street. A significant slope…