IN RE APPROPRIATION OF EASEMENT FOR HIGWAY PURPOSES

No. 1190.

115 Ohio App. 48 (1961)

IN RE APPROPRIATION OF EASEMENT FOR HIGHWAY PURPOSES: PRESTON, DIRECTOR OF HIGHWAYS, APPELLEE, v. MILLER ET AL., APPELLEES; ZIMMERMAN, APPELLANT.

Court of Appeals of Ohio, Wayne County.

Decided March 8, 1961.


Attorney(s) appearing for the Case

Mr. Mark McElroy, attorney general, Mr. William E. Fowler, Jr., Mr. James Billet and Mr. Collin MacAdam, for appellee E. S. Preston, Director of Highways.

Messrs. Critchfield, Critchfield, Critchfield & Johnston, for appellees Robert W. Miller and others.

Messrs. Ryan & McKee, for appellant.


DOYLE, J.

The following notice of appeal lodges this case here for the determination of the right of a lessee of land and building located on property appropriated by the state of Ohio for highway purposes to appeal for a trial by jury under the provisions of Section 5519.02, Revised Code:

"Now comes the above-named appellant, Delbert Earl Zimmerman, and hereby gives notice of appeal to the Court of Appeals of Wayne County, Ohio, from the judgment of the Court...

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