CAMPBELL v. GREAT MIAMI AERIE

No. 84-477.

15 Ohio St. 3d 79 (1984)

CAMPBELL, APPELLANT, v. GREAT MIAMI AERIE NO. 2309, FRATERNAL ORDER OF EAGLES, APPELLEE.

Supreme Court of Ohio.

Decided December 31, 1984.


Attorney(s) appearing for the Case

Messrs. Logan, Davis, Zimmers & Leppla and Mr. Gary J. Leppla, for appellant.

Messrs. Tracy & Long and Mr. Patrick D. Long, for appellee.


Per Curiam.

The issue presented is whether there was an implied easement upon the property of appellant to accept the flow of sewage from appellee's adjoining property so that it could be discharged into appellant's sewage system. Upon this record, we hold that the lower courts committed error in finding that there existed an implied easement.

This court has previously recognized that an easement may be created by specific grant, prescription, or implication...

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