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IN RE APPROPRIATION OF EASEMENT FOR HIGHWAY PURPOSES

No. 587.

109 Ohio App. 6 (1958)

IN RE APPROPRIATION OF EASEMENTS FOR HIGHWAY PURPOSES.

Court of Appeals of Ohio, Greene County.

Decided December 2, 1958.

Attorney(s) appearing for the Case

Mr. William Saxbe, attorney general, Mr. Willis E. Wolfe and Mr. James Stillwell, for appellant.

Messrs. Peterson, Neatherton & Peterson, and Messrs. Layton & Ritchie, for appellees.

CRAWFORD, J.

The Director of Highways appeals on questions of law and fact a judgment of the Court of Common Pleas. Five assignments of error are noted.

Such a case is not appealable on questions of law and fact. Section 2501.02, Revised Code. For this reason, appellees, property owners, moved to dismiss the appeal. The motion was accordingly sustained at the time of argument by reducing the appeal to one on questions of law, and the case was heard and considered...

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