American Mall, Inc. v. City of Lima

This is an appeal from a judgment of the Court of Common Pleas granting plaintiff’s motion for judgment on the pleadings. Plaintiff’s amended petition avers, in brief, that defendant was installing and maintaining water lines through the land of plaintiff and that such lines are now being used for the purpose of transmission of water in violation of plaintiff’s rights as owner of the real estate; that if the use of these water lines is allowed to continue plaintiff’s property will be taken without due process of law and without compensation or damages being paid; that the continued use of…