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1st NATIONAL BANK v. MOUNTAIN AGENCY, L.L.C.

No. CA2008-05-056.

2009 Ohio 2202

1st National Bank, Plaintiff-Appellee, v. Mountain Agency, LLC, et al, Defendant-Appellant.

Court of Appeals of Ohio, Twelfth District, Clermont County.

May 11, 2009.

Attorney(s) appearing for the Case

Gary D. Ostendarp, 322 Main Street, Batavia, Ohio 45103-3094, for plaintiff-appellee, 1st National Bank.

Nichols, Speidel & Nichols, Donald W. White, 237 Main Street, Batavia, Ohio 45103, for defendant-appellant, Mountain Agency, LLC.

OPINION

HENDRICKSON, J.

{¶1} Defendant-appellant, Mountain Agency, LLC, appeals a decision of the Clermont County Court of Common Pleas granting a permanent injunction to plaintiff-appellee, 1st National Bank, in a dispute over an easement. For the reasons outlined below, we affirm in part, reverse in part, and remand.

{¶2} In December 1975, J. and C. Agency, Inc. ("J.C.A.") purchased approximately 17 acres of...

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