HULBERT v. LINZELL

No. 35244.

167 Ohio St. 350 (1958)

HULBERT: NIEKAMP ET AL., APPELLEES, v. LINZELL, DIRECTOR OF HIGHWAYS (THORMYER, ACTING DIRECTOR OF HIGHWAYS, SUBSTITUTED DEFENDANT), APPELLANT.

Supreme Court of Ohio.

Decided March 12, 1958.


Attorney(s) appearing for the Case

Messrs Bowman, Hanna & Middleton and Mr. Harry G. Roebke, for appellees.

Mr. William Saxbe, attorney general, Mr. Hugh E. Kirkwood, Jr., and Mr. Willis E. Wolfe, Jr., for appellant.


WEYGANDT, C. J.

The controlling facts are not in dispute.

The proposed construction will be a so-called limited access highway or freeway. However, the plaintiffs are not interested in access to the new highway. Their sole interest in the instant controversy is that the two township roads be kept open by means of construction either above or below the new intersecting relocated highway or freeway.

Counsel are agreed that a question of first impression...

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