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PROCTOR v. BURNS

No. 07 CA 0119.

2008 Ohio 4522

Gordon Proctor, Director, Ohio Department of Transportation, Plaintiff-Appellee, v. Rebecca S. Burns, et al., Defendant-Appellant.

Court of Appeals of Ohio, Fifth District, Licking County.

DATE OF JUDGMENT ENTRY: September 5, 2008.

Attorney(s) appearing for the Case

Marc Dann, Attorney General of Ohio, Shirley E. Chapman, L. Martin Cordero, Assistant Attorneys General, 150 East Gay Street, 17th Floor, Columbus, Ohio 43215-3130, Columbus, Ohio 43215, for Plaintiff-Appellee.

Michael Braunstein, William A. Goldman, Goldman & Braunstein, LLP, Of Counsel, Crabbe, Brown & James, LLP, 500 South Front Street — Suite 1200, for Defendant-Appellant.

Before: Hon. William B. Hoffman, P.J., Hon. Sheila G. Farmer, J., Hon. Patricia A. Delaney, J.

OPINION

HOFFMAN, P.J.

{¶1} Defendant-appellant Rebecca Burns appeals various entries of the Licking County Court of Common Pleas in favor of Plaintiff-Gordon Proctor, Director, Ohio Department of Transportation.

STATEMENT OF THE CASE AND FACTS

{¶2} On October 17, 2005, the Ohio Department of Transportation (hereinafter "ODOT") filed an action to appropriate a portion of property owned by Appellant...

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