Digiorno v. Ohio Dept. of Transp.

Citations

• 2017 Ohio 2698

Syllabus

Summary judgment Civ.R. 56 R.C. 5501.42 tree removal. The court determined that the undisputed evidence showed that the trees at issue shaded a portion of SR 18, which caused premature deterioration of the asphalt roadway. Defendant's determination that the removal was justified because the proximity of the trees to the highway presented a potential hazard to motorists was consistent with the purpose of the easement. As such, reasonable minds could only conclude that the removal of the trees was related to a highway improvement which is consistent with the purposes of the easement and that plaintiffs were not entitled to compensation. Summary judgment granted in favor of defendant.