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FITZPATRICK v. PALMER

No. 09CA7.

186 Ohio App.3d 80 (2009)

2009-Ohio-6008

FITZPATRICK, Appellee, v. PALMER, Appellant.

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

Decided November 5, 2009.

Attorney(s) appearing for the Case

Anderson & Anderson Co., L.P.A., and W. Mack Anderson, for appellee.

David B. Beck, for appellant.

HARSHA, Judge.

{¶ 1} George Palmer appeals the trial court's judgment declaring that Paul David Fitzpatrick II had established a public easement by prescription and an easement by necessity over Palmer's property. Palmer contends that the trial court's judgment is against the manifest weight of the evidence. We agree that Fitzpatrick failed to prove by clear and convincing evidence that the public had acquired an easement by prescription or that...

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