STATE, EX REL. CENTRAL SERVICE STATION, INC., v. MASHETER

No. 38790.

7 Ohio St. 2d 1 (1966)

THE STATE, EX REL. CENTRAL SERVICE STATION, INC., v. MASHETER, DIRECTOR OF HIGHWAYS.

Supreme Court of Ohio.

Decided June 22, 1966.


Attorney(s) appearing for the Case

Mr. Russell B. Day and Mr. Joseph P. Tulley, for relator.

Mr. William B. Saxbe, attorney general, Mr. I. Charles Rhoads, Mr. Joseph J. Poorman and Mr. Harry R. Paulino, for respondent.


TAFT, C. J.

Relator contends (1) that, by temporary interference with relator's easement of access, the highway director has taken relator's property, and (2) that Section 5519.01, Revised Code, imposes upon the director a duty to fix what the director deems to be the value of that easement and damages to the remainder of relator's property and to deposit the amount thereof in court for relator.

If relator's contentions are correct, it is apparent that an...

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