STATE EX REL. ANDERSONS v. MASHETER

No. 38599.

1 Ohio St. 2d 11 (1964)

THE STATE, EX REL. THE ANDERSONS, A LIMITED PARTNERSHIP, APPELLANT, v. MASHETER, DIRECTOR OF HIGHWAYS, APPELLEE.

Supreme Court of Ohio.

Decided December 29, 1964.


Attorney(s) appearing for the Case

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

Mr. William B. Saxbe, attorney general, Mr. Harold B. Talbott and Mr. Harry R. Paulino, for appellee.


MATTHIAS, J.

The question involved in this case is whether the properly authorized construction of a bridge which prevents grain ships from traveling the Maumee River to and from relator's marine terminal is a taking within the meaning of Section 19, Article I of the Ohio Constitution.

Any person affected has the right to notice and public hearing on any proposed highway change (Section 5511.01, Revised Code) or any proposed obstruction to navigation (Section...

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