Acorn Dev., L.L.C. v. Sanson Co.

Citations

• 2022 Ohio 2576

Syllabus

Judgment on the pleadings express easement implied easement de novo. Judgment on the pleadings was proper where express easement terminated on expiration of lease and appellant failed to establish right to use driveway beyond term of expired lease. In ruling on judgment on the pleadings, trial court's consideration of a journal entry in a prior case did constitute consideration of facts outside the record. Such a journal entry is not a pleading for purposes of evaluating a judgment on the pleadings. However, because appellant failed to present any set of facts for which relief could be granted, such consideration was harmless error.