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IN RE APPROPRIATION OF EASEMENT FOR HIGHWAY PURPOSES

No. 6597.

118 Ohio App. 305 (1962)

IN RE APPROPRIATION OF EASEMENT FOR HIGHWAY PURPOSES: PRESTON, DIR. OF HIGHWAYS, APPELLANT, v. WEILER ET AL., APPELLEES.

Court of Appeals of Ohio, Franklin County.

Decided January 2, 1962.

Attorney(s) appearing for the Case

Mr. Mark McElroy, attorney general, Mr. Harry R. Paulino, Mr. John F. O'Brien, Mr. William E. Fowler, Jr., Mr. William D. Henry, Mr. James D. Billett and Mr. Joseph D. Bryan, for appellant.

Messrs. Feibel, Feibel & Golden and Mr. Willis E. Wolfe, Jr., for appellees.

DUFFEY, P. J.

This is an appeal by the state from a judgment of the Common Pleas Court in an appropriation proceeding. The property to be appropriated is stated in the resolution of the highway director as "`an easement of property rights, being the impairment of ingress and egress, caused by the construction and improvement * * *.'" The value set and deposited by the director was $1. The judgment was for $59,576 plus interest at 6 per cent from June 5, 1959 (time...

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