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WHEELER v. McBRIDE

No. 08CA4.

178 Ohio App.3d 367 (2008)

2008-Ohio-5109

WHEELER, Appellant, v. McBRIDE, Appellee.

Court of Appeals of Ohio, Fourth District, Pickaway County.

Decided September 29, 2008.

Attorney(s) appearing for the Case

Gary D. Kenworthy, for appellant.

Kagay, Albert, Diehl & Groeber, and Jeffrey D. Swick, for appellee.

KLINE, Judge.

{¶ 1} Carl Wheeler appeals the judgment of the Pickaway County Common Pleas Court, which granted Esther McBride's motion for summary judgment regarding an easement dispute. On appeal, Carl contends that the trial court erred because a genuine issue exists regarding whether an easement was implicitly created when the original grantor divided the real estate into separate parcels. Because we find that the trial court applied the wrong...

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