SMITH v. GILBRAITH

No. 90-A-1559.

75 Ohio App.3d 428 (1991)

SMITH, Director of Transportation, Appellee, v. GILBRAITH et al., Appellants.

Court of Appeals of Ohio, Ashtabula County.

Decided August 5, 1991.


Attorney(s) appearing for the Case

Lee I. Fisher, Attorney General, Ronald H. Snyder, Vincent P. Korey, John C. Thorne, Jr., and John R. Guia, Assistant Attorneys General, for appellee.

James M. Lemieux and Jerome A. Lemire, for appellants.


FORD, Presiding Judge.

This is an appeal from a judgment of the Ashtabula Court of Common Pleas authorizing the appropriation of a perpetual easement in 24.336 acres of property located more than three hundred feet from the nearest edge of the I-90 right-of-way.

On September 18, 1986, appellee, Warren J. Smith, Director of Transportation ("DOT"), petitioned to appropriate twenty-seven acres in fee simple pursuant to R.C. 163.04 for the purpose of "making or...

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