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CLEVELAND ELECTRIC ILLUMINATING CO. v. SCAPELL

No. 33428.

44 Ohio App. 2d 13 (1975)

THE CLEVELAND ELECTRIC ILLUMINATING COMPANY, APPELLANT, v. SCAPELL ET AL., APPELLEES.

Court of Appeals of Ohio, Cuyahoga County.

Decided March 13, 1975.

Attorney(s) appearing for the Case

Messrs. Squire, Sanders & Dempsey, Mr. Alan P. Buchmann, Mr. James H. Woodring and Mr. Donald H. Hauser, for appellant.

Messrs. Kelley, McCann & Livingstone, for appellee Board of Park Commissioners.

Messrs. Kelley, McCann & Livingstone and Mr. Stephen M. O'Bryan, for appellee City of Independence.

Mr. William J. Brown, Attorney General, Mr. Larry R. Zingarelli, Messrs. Knepper, White, Richards & Miller and Mr. Richard A. Frye, for appellee State of Ohio.

DAY, J.

The Cleveland Electric Illuminating Company (CEI) filed Case No. 803,259 in Probate Court on March 30, 1973, to appropriate land of Mr. and Mrs. Frank Scapell located in Brecksville, Ohio (see Transcript of Docket Entries in Record). CEI claimed that it had to obtain an easement over the Scapell's property in order to make way for construction of its proposed Valley-Harding transmission lines.

The City of Independence brought Case No. 919,280 in Common...

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