Smith v. Gilbraith

Plaintiff-appellee, Warren J. Smith, the Ohio Director of Transportation, filed a petition to appropriate certain property in Ashtab-ula County, Ohio, in the Court of Common Pleas of Ashtabula County, on September 18, 1986. Appellee’s petition stated that the purpose of this appropriation was for “the making or repairing of roads,” specifically Interstate 90, and that he complied with the provisions of R.C. 163.04.

Defendants-appellants, Alice R. Gilbraith and others, whose property was included in the land appellee wanted to appropriate, filed a separate answer on October 16, 1986. In their…