CANTON ASPHALT CO. v. FOSNAUGHT

Nos. 2011-CA-00077, 2011-CA-00085

2011 Ohio 5902

Canton Asphalt Co., Appellee/Cross-Appellant, v. Daniel J. Fosnaught, Appellant/Cross-Appellee.

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

DATE OF JUDGMENT ENTRY: November 14, 2011.


Attorney(s) appearing for the Case

JOHN J. RAMBACHER , MICHAEL J. KAHLENBERG , WINKHART & RAMBACHER, 825 South Main St., North Canton, OH 44720, for Plaintiff-Appellee.

LEE E. PLAKAS , AMANDA M. PAAR , TZANGAS, PLAKAS, MANNOS & RAIES, 220 Market Avenue South, 8th Fl., Canton, OH 44702, for Defendant-Appellant.

Before: W. Scott Gwin, P.J., Sheila G. Farmer, J., Patricia A. Delaney, J.


OPINION

GWIN, P.J.

{¶ 1} Defendant-appellant Daniel J. Fosnaught appeals a judgment of the Court of Common Pleas of Stark County, Ohio, which overruled the parties' objections and adopted and approved the decision of the magistrate to whom the matter was referred. The court found Fosnaught had not met his burden of proving he had a prescriptive easement or an easement by necessity over property owned by Plaintiff-appellee Canton...

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