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BRENNAMAN v. R.M.I. CO.

No. 93-241.

70 Ohio St.3d 460 (1994)

BRENNAMAN ET AL., APPELLANTS, v. R.M.I. COMPANY; BECHTEL GROUP, INC. ET AL., APPELLEES.

Supreme Court of Ohio.

Decided October 5, 1994.

Attorney(s) appearing for the Case

Nurenberg, Plevin, Heller & McCarthy Co., L.P.A., Thomas Mester, Richard C. Alkire, Joel Levin and Sandra J. Rosenthal, for appellants.

Ulmer & Berne, Murray K. Lenson and Edwin J. Hollern, for appellee Bechtel Group, Inc.

Weston, Hurd, Fallon, Paisley & Howley and William H. Baughman, Jr., for appellee William Powell Company.

Casper & Casper, Michael R. Thomas and Margaret H. McCollum, urging reversal for amicus curiae Ohio Academy of Trial Lawyers.

Means, Bichimer, Burkholder & Baker Co., L.P.A., Robert G. Stafford, Richard W. Ross and Sherille D. Akin, urging affirmance for amici curiae Ohio Association of Consulting Engineers and American Consulting Engineers Council.

PFEIFER, J.

I

We are first asked to decide whether the law of fixtures should be applied when determining if an improvement to real property exists as that term is used in R.C. 2305.131. Citing Zangerle v. Std. Oil of Ohio (1945), 144 Ohio St. 506, 30 O.O. 151, 60 N.E.2d 52, appellants argue that fixture law should be applied and if it is, Sodium Handling Area 1100 is personal property, not a fixture...

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