Johnson-White v. Houston

Citations

• 229 N.E.3d 1259
• 2023 Ohio 4276

Syllabus

CIV.R. 56 — SUMMARY JUDGMENT — EASEMENT — ABANDONMENT: The trial court properly granted summary judgment in favor of plaintiff where defendant failed to establish that a genuine issue of any material fact existed as to whether plaintiff's easement was valid. The trial court did not err in granting plaintiff's motion for summary judgment where plaintiff provided records that showed that the easement had been reflected in recorded deeds and chains of title since the 1960s, and the easement was not abandoned as (1) plaintiff and/or her late husband used the easement for over 30 years and (2) there was no evidence that plaintiff expressed an intent to abandon the easement or engaged in \unequivocal and decisive acts\ that were inconsistent with plaintiff's use and enjoyment of the easement. The trial court did not err in denying defendant's request for a continuance under Civ.R. 56(F) to conduct further discovery where defendant failed to attach an affidavit stating sufficient reasons to justify defendant's opposition to plaintiff's motion for summary judgment.