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IN RE APPROPRIATION

No. 37686.

175 Ohio St. 107 (1963)

IN RE APPROPRIATION OF EASEMENT FOR HIGHWAY PURPOSES: PRESTON, DIRECTOR OF HIGHWAYS, APPELLEE AND CROSS-APPELLANT, v. WEILER ET AL., APPELLANTS AND CROSS-APPELLEES.

Supreme Court of Ohio.

Decided June 26, 1963.

Attorney(s) appearing for the Case

Mr. Mark McElroy and Mr. William B. Saxbe, attorneys general, Mr. Bernard D. Chupka and Mr. Joseph D. Bryan, for appellee and cross-appellant.

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

O'NEILL, J.

The controlling question presented by this cause is: Does the Court of Appeals have jurisdiction in an appropriation proceeding, such as this, to make a determination that as a matter of law the record does not show a "taking" and thereupon reverse the judgment of the Common Pleas Court and dismiss the action?

This question has been before this court upon prior occasions and has been determined. The...

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