McGLASHAN v. SPADE ROCKLEDGE TERRACE CONDO DEVELOPMENT CORP.

No. 79-779.

62 Ohio St. 2d 55 (1980)

McGLASHAN ET AL., APPELLEES, v. SPADE ROCKLEDGE TERRACE CONDO DEVELOPMENT CORP., APPELLANT, ET AL.

Supreme Court of Ohio.

Decided April 9, 1980.


Attorney(s) appearing for the Case

Mr. Richard B. Kay, for appellees.

Messrs. Weston, Hurd, Fallon, Paisley & Howley, Mr. Patrick J. Murphy and Mr. Roger Van Deusen, for appellant.


SWEENEY, J.

The Court of Appeals determined that the trial court had committed reversible error in both its charge to the jury and in its refusal to allow appellees to cross-examine appellant's engineer regarding compliance with a local land planning ordinance.

The disputed jury instructions concern an upper landowner's rights and obligations with respect to the flow of diffused surface water. In resolving this controversy, it is appropriate that we first...

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