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BIGLER v. YORK TWP.

Nos. 91-2575 and 92-53.

66 Ohio St.3d 98 (1993)

BIGLER ET AL., APPELLANTS, v. TOWNSHIP OF YORK ET AL., APPELLEES. (TWO CASES.)

Supreme Court of Ohio.

Decided April 14, 1993.

Attorney(s) appearing for the Case

Rubenstein, Novak, Einbund, Pavlik & Celebrezze, Lewis Einbund and Frank D. Celebrezze; George W. Hinzey and Allan Sherry, for appellants.

Robert W. Quirk, Assistant Prosecuting Attorney, for appellees York Township and Belmont County.

Thornburg & Bean and Charles H. Bean; Thomas, Fregiato, Myser, Hanson & Tomlan and Frank A. Fregiato, for appellees Harrison Leasing Co., Robert Murray, and Kerogen Resources, Inc.

Kigerl & Vavra and John A. Vavra, for appellees Albert Caldwell, Russell Caldwell, and Carol Pittman.

PFEIFER, J.

Appellants contend that "Ohio Revised Code section 5553.042 only delineates the procedure to be followed by county commissioners to accomplish the vacation of a township road and does not preclude an action by an abutting land owner to quiet title by establishing abandonment by nonuse for at least twenty-one years." For the following reasons we disagree with appellants' assertion and, accordingly, affirm...

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