Orchard Lane Ents., L.L.C. v. Dept. of Transp.

Citations

• 2017 Ohio 9398

Syllabus

Taking- Plaintiff alleged a temporary taking of property, asserting a construction project resulted in a complete closure of access to its property. Though evidence demonstrated closure of an intersection, it also demonstrated that construction plans stated access was to be maintained for residents. The fact that plaintiff's property became less desirable did not constitute a taking as evidence failed to demonstrate that defendant substantially, materially, or unreasonably interfered with access to the property. Photographs depicted vehicles parked in the area and testimony, which the magistrate found credible, established that tenants had access to the property during construction. The magistrate recommended judgment in favor of defendant.