Date: 07-16-2010

Case Style: City of Amherst v. Janet and Gerald Eschtruth

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Court: Court of Common Pleas, Lorain County, Ohio

Plaintiff's Attorney: Anthony Pecora, City of Amherst, Ohio

Defendant's Attorney:

Description: The City of Amherst, Ohio sued Janet and Gerald Eschtruth on an eminent domain theory seeking to acquire by condemnation a few feet of land near an underground pump station off West Ridge Road, then upped the amount to $20,000 to avoid taking the matter to trial after the Eschtruths declined the initial offer and countered with $500,000 for the land. The City renovated a pumping station and in the process went beyond property owned by the City. The City offered the Eschtruths $5,400 to settle their claim for damages. A shed, which housed electrical components, and a back-up generator were built on the Eschtruth property.

The Eschtruths demanded $100,000 for the easement sought by the City, $200,000 fo the City's trespass upon their property and $200,000 in nuisance damages.

Outcome: Plaintiffs' verdict for $1,510.00.

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