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NEW 52 PROJECT, INC. v. PROCTOR, DIR., OHIO DEP'T OF TRANSPORTATION

No. 2008-0574.

122 Ohio St.3d 1 (2009)

2009-Ohio-1766

NEW 52 PROJECT, INC., Appellee, v. PROCTOR, DIR., OHIO DEPARTMENT OF TRANSPORTATION, Appellant.

Supreme Court of Ohio.

Decided April 21, 2009.

Attorney(s) appearing for the Case

David Reid Dillon, for appellee.

Richard Cordray, Attorney General, Benjamin C. Mizer, Solicitor General, Stephen P. Carney, Deputy Solicitor, Michael Stokes, Assistant Solicitor, and Frederick C. Schoch, Assistant Attorney General, for appellant.

LUNDBERG STRATTON, J.

{¶ 1} Today we must decide whether a court of common pleas has jurisdiction to decide whether an easement for a state highway has been abandoned. Because we hold that R.C. Chapter 5511 gives the director of transportation the exclusive authority to abandon or vacate portions of the state highway system, we answer that question in the negative. Accordingly we reverse the judgment of the court of appeals and reinstate the judgment...

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