WINCHELL v. BURCH

No. 95-P-0150.

116 Ohio App.3d 555 (1996)

WINCHELL et al., Appellants, v. BURCH et al., Appellees.

Court of Appeals of Ohio, Eleventh District, Portage County.

Decided August 26, 1996.


Attorney(s) appearing for the Case

Rexford W. Post, for appellants.

Mitchell L. Alperin, for appellees.


CHRISTLEY, Judge.

Appellants, H.H. Forsyth and Nancy K. Winchell, and appellees, Donald and Grace Burch, own contiguous condominiums in the Oaks of Aurora Condominiums ("Oaks") in Aurora, Ohio. Each two-unit condominium at the Oaks was constructed with each unit having a "limited common area" consisting of a patio and second-floor deck directly overhead.1

On April 26, 1991, a condominium...

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