Gabel v. Miami East School Board

Valen, Judge.

{¶ 1} Thomas and Christine Gabel appeal from the trial court’s entry of summary judgment against them on their complaint challenging the Miami East School District’s right to drain treated wastewater across their property and into a nearby creek.

{¶ 2} The Gabels advance four assignments of error on appeal. First, they contend that the trial court erred in finding that the school district may use an express easement for a “stormwater outfall sewer” to drain the treated wastewater. Second, they claim that the trial court erred in finding no unlawful taking of their property as a…