IN RE APPROPRIATION

No. 35802.

169 Ohio St. 210 (1959)

IN RE APPROPRIATION OF EASEMENT FOR HIGHWAY PURPOSES: SORG ET AL., APPELLEES, v. THORMYER, ACTING DIR. OF HIGHWAYS (NOBLE, DIR. OF HIGHWAYS, SUBSTITUTED DEFENDANT), APPELLANT.

Supreme Court of Ohio.

Decided May 6, 1959.


Attorney(s) appearing for the Case

Messrs. True & Meyer, for appellees.

Mr. William Saxbe and Mr. Mark McElroy, attorneys general, Mr. Hugh E. Kirktwood, Jr., and Mr. Gene Henry, for appellant.


This is an action to appropriate an easement for highway purposes. In the Court of Common Pleas the landowners filed a motion to quash the service of notice, strike the resolution and finding and dismiss the action. The court sustained the motion on the ground that no notice was published and no public hearing held in regard to the proposed changes of the highway, as required by Section 5511.01, Revised Code.

The Court of Appeals, on appeal, found that the improvement...

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