MERRILL LYNCH MTGE. LENDING, INC. v. WHEELING & LAKE ERIE RY. CO.

C.A. No. 24943.

2010 Ohio 1827

Merrill Lynch Mortgage Lending, Inc., et al., Appellees, v. Wheeling & Lake Erie Railway Co., et al., Appellants.

Court of Appeals of Ohio, Ninth District, Summit County.

Dated: April 28, 2010.


Attorney(s) appearing for the Case

George Carr, Colleen A. Mountcastle, and Thomas E. Dover, Attorneys at Law, for Appellant.

Christopher F. Swing, Attorney at Law, for Appellee.

Caroline L. Marks, Attorney at Law, for Appellee.


DECISION AND JOURNAL ENTRY

MOORE, Judge.

{¶1} Appellant, Wheeling and Lake Erie Railway Company ("the Railroad"), appeals from a judgment of the Summit County Court of Common Pleas that granted summary judgment to Bardin Road Ventures, Inc. ("Bardin") and declared that Bardin holds an express easement appurtenant to use a railroad crossing over the Railroad's tracks. This Court affirms.

I.

{¶2} Bardin...

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