BD. OF COMMRS. v. AKRON

No. 2004-0783.

109 Ohio St.3d 106 (2006)

2006-Ohio-954

PORTAGE COUNTY BOARD OF COMMISSIONERS ET AL., APPELLEES AND CROSS-APPELLANTS, ET AL., v. CITY OF AKRON, APPELLANT AND CROSS-APPELLEE; CITY OF RAVENNA, APPELLEE.

Supreme Court of Ohio.

Decided March 6, 2006.


Attorney(s) appearing for the Case

Jones Day, J. Kevin Cogan, Jack A. Van Kley, and Jonathan K. Stock; James R. Silver, City of Kent Law Director; Virgil E. Arrington, City of Cuyahoga Falls Law Director; Amer Cunningham Co., L.P.A., and Jack Morrison Jr., Munroe Falls Law Director; Robert W. Heydorn, Village of Silver Lake Solicitor, for appellees and cross-appellant.

Max Rothal, Akron Director of Law, and Cheri B. Carroll; Thompson Hine, L.L.P., Leslie W. Jacobs, Robert F. Ware, and Louis L. McMahon, for appellant and cross-appellee.

Mazanec, Raskin & Ryder Co., L.P.A., John T. McLandrich, and Robert F. Cathcart; Frank J. Cimino, City of Ravenna Law Director, for appellee city of Ravenna.

Barry M. Byron, Stephen L. Byron, and John Gotherman, for amicus curiae, Ohio Municipal Attorneys Association.


O'DONNELL, J.

{¶ 1} In this appeal, we are called upon to clarify the nature and extent of the rights to use the Cuyahoga River acquired by the city of Akron in 1911 from an act of the Ohio General Assembly and a deed signed by then Governor Judson Harmon, to determine the effect of Akron's subsequent property acquisitions, and to specify what duty, if any, Akron owes to downstream riparian owners. The history surrounding the 1911 statutory enactment...

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