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CANTON ASPHALT CO. v. FOSNAUGHT

Nos. 2010 CA 00201, 2010 CA 00202

2011 Ohio 1329

Canton Asphalt Company, Plaintiff-Appellant/Cross-Appellee, v. Daniel J. Fosnaught, Def.-Appellee/Cross-Appellant.

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

Date of Judgment Entry: March 21, 2011.

Attorney(s) appearing for the Case

JOHN J. RAMBACHER , STEPHEN P. GRIFFIN , WINKHART & RAMBACHER, 825 South Main Street, North Canton, Ohio 44720, for Plaintiff-Appellant/Cross-Appellee.

LEE E. PLAKAS , AMANDA M. PAAR , TZANGAS, PLAKAS, MANNOS & RAIES, 220 Market Avenue South, 8th Floor, Canton, Ohio 44702, for Defendant-Appellee/Cross-Appellant.

Before: W. Scott Gwin, P. J., Sheila G. Farmer, J., John W. Wise, J.

OPINION

WISE, J.

{¶1} Appellant Canton Asphalt Company and Cross-Appellant Daniel J. Fosnaught appeals from the June 2, 2010, Judgment Entries entered in the Stark County Court of Common Pleas determining the rights of the parties as they pertain to a driveway.

STATEMENT OF THE FACTS AND CASE

{¶2} The facts relevant to this appeal are as follows:

{¶3} On February 17, 2009...

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