EMINENT DOMAIN - OHIO

State ex rel. Cuyahoga Lakefront, L.L.C. v. Cleveland

Supreme Court of Ohio - November 8, 2016 - N.E.3d - 2016 WL 6646121 - 2016 -Ohio- 7640

After temporary street closure blocked access to one of parking lot’s two entrances, owner of the parking lot brought action seeking writ of mandamus compelling city to commence appropriation proceedings.

The Court of Appeals issued writ of mandamus. City appealed.

The Supreme Court held that temporary loss of owner’s access to street for 16-day period so that permit-holder could film scenes for movie did not substantially, materially, or unreasonably interfere with owner’s easement to the street, and thus did not create compensable taking of owner’s property under Ohio Constitution.

Temporary loss of parking lot owner’s access to city street for 16-day period so that permit-holder could film scenes for movie did not substantially, materially, or unreasonably interfere with owner’s easement to the street, and thus did not create compensable taking of owner’s property under Ohio Constitution, where street closure blocked access to one of parking lot’s two entrances, and parking lot was still accessible to public but customers had to take different route to access the lot.



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