MILLER v. NURSERY

No. 623.

7 Ohio App. 2d 30 (1966)

MILLER ET AL., APPELLANTS, v. THE BERRYHILL NURSERY CO., APPELLEE.

Court of Appeals of Ohio, Clark County.

Decided June 9, 1966.


Attorney(s) appearing for the Case

Messrs. Frayne, Balzer, Warren, Andreoff & Matthews, for appellants.

Messrs. Cole, Cole & Harmon and Mr. George B. Raup, for appellee.


CRAWFORD, J.

This is an appeal on questions of law from a summary judgment entered for defendant holding that it is entitled to construct, maintain and use a certain driveway over lands owned by the plaintiffs in which they had conveyed to the state of Ohio a perpetual easement and right-of-way for public highway and road purposes. Both sides moved for summary judgment. Defendant's motion was sustained, that of plaintiffs overruled.

State Route 4 is a limited...

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