MIAMI CONSERVANCEY DISTRICT v. ELLEMAN

No. 76 CA 4.

50 Ohio App. 2d 357 (1976)

MIAMI CONSERVANCY DISTRICT, APPELLEE, v. ELLEMAN ET AL., APPELLANTS.

Court of Appeals of Ohio, Miami County.

Decided December 8, 1976.


Attorney(s) appearing for the Case

Messrs. Brumbaugh, Corwin & McDonnell and Mr. Alan J. Braun, for appellee.

Mr. Charles J. Simpson, for appellants.


McBRIDE, J.

This action was initiated by the Miami Conservancy District against the defendants to enforce deed restrictions prohibiting structures in the flood plain area behind the Englewood Dam below the level of the top of the spillway. The defendants, appellants herein, entered denials and asserted waiver and estoppel in their answer.

The trial court on January 12, 1976, issued an order sustaining the restrictions...

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