STATE, EX REL. ANDERSONS v. PRESTON

No. 7072.

2 Ohio App. 2d 244 (1963)

THE STATE, EX REL. THE ANDERSONS, A LIMITED PARTNERSHIP, v. PRESTON, DIR. OF HIGHWAYS.

Court of Appeals of Ohio, Franklin County.

Decided October 1, 1963.


Attorney(s) appearing for the Case

Messrs. Marshall, Melhorn, Block & Belt, Mr. John B. Spitzer, Messrs. Knepper, White, Richards, Miller & Roberts, and Mr. Hugh A. Sherer, for relator.

Mr. William B. Saxbe, attorney general, Mr. Harry R. Paulino, and Mr. Joseph D. Bryan, for respondent.


DUFFEY, J.

This is an original action in mandamus seeking to require the Director of Highways to commence appropriation proceedings. The underlying theory of relator's action rests on an alleged substantial or material interference with an incorporeal right appurtenant to ownership of riparian land. The case is before the court on a motion for summary judgment.

Relator operates grain elevators and a marine terminal. The terminal is located on eight acres of...

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