DALTON v. SMITH

No. 2008CA0072.

2009 Ohio 2906

Michael A. Dalton, et al., Plaintiffs/Appellants, v. Randy Smith, et al., Appellees/Cross-Appellants, and The Martha M. Tawse Living Trust, Appellant.

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

DATE OF JUDGMENT ENTRY: June 1, 2009.


Attorney(s) appearing for the Case

Jeffrey N. Kramer, 24 West Third Street, Suite 300, Mansfield, OH 44902, for Plaintiffs-Appellants.

David N. Haring, 70 Park Avenue West, Mansfield, OH 44902, for Defendant-Appellees/Cross Appellants.

Reese F. Mills, 24 West Third Street, Suite 300, Mansfield, OH 44902, For The Martha M. Tawse Living Trust,

Before: Hon. Sheila G. Farmer, P.J., Hon. Julie A. Edwards, J., Hon. Patricia A. Delaney, J.


OPINION

FARMER, P.J.

{¶1} On August 20, 1999, David and Peggy Wagenblatt, owners of property located at 720 Betner Drive in Mansfield, Ohio, and Martha Tawse, owner of the adjacent property located at 734 Betner Drive, entered into an agreement wherein Ms. Tawse agreed to the vacation of an unopened fifty foot wide street right-of-way located between the two properties. If the petition to vacate was granted, Ms. Tawse would convey her twenty...

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