Naiman v. Cleveland Elec. Illum., Co.

Citations

• 2025 Ohio 1060

Syllabus

Summary judgment, de novo review, trespass, prescriptive easement, nuisance, affidavit, personal knowledge. Judgment affirmed. Because appellate review of a trial court decision on a motion for summary judgment is de novo, a reviewing court may affirm a trial court's decision for a different reason. We affirm the trial court's judgment granting the appellee's motion for summary judgment on a ground different than the trial court. While the trial court found that the appellee had an express easement for one of the subject poles at issue and a prescriptive easement for the other two poles at issue, our de novo reveals that all three poles were subject to a prescriptive easement. Because the poles were subject to a prescriptive easement, appellant failed to demonstrate a trespass cause of action against appellee. We further find that the poles did not constitute a nuisance. The trial court properly disregarded portions of an affidavit as not being based on personal knowledge and containing conclusory averments.