Date: 06-27-1997

Case Style: Jerry Wray, Director of Transportation, State of Ohio v. John F. and AnnaStvartak, et al.

Case Number: L-96-018

Judge: Unknown

Court: Court of Common Pleas, Lucas County, Ohiol

Plaintiff's Attorney: Betty D. Montgomery, Attorney General Dan Malkoff and Richard J. Makowski, Assistant Attorney General, State of Ohio

Defendant's Attorney: Harold M. Hanna of Hanna & Hanna, Bowling Green, Ohio

Description: Condemnation - highway right-of-way - partial taking of defendants' property consisting of .163 acres. This case involved the appropriation of a strip of land along the length of defendants' property that result from the widening of State Route 2 in Jerusalem Township. Defendants owned approximately twenty acres of property had that three signs on it that were being used for advertising by outside parties. The appropriation physically took two of the three signs. Defendants were informed by the Ohio Department of Transportation that the signs were classified as non-conforming devices and that all non-conforming rights associated with the signs would cease upon their removal. Defendants were also informed that the permits were not transferable and that the signs could not be relocated on the residue of defendants' property. In addition to the loss of property, defendants alleged damage to the residue in the form of flooding and improperly installed driveways.

Outcome: Defendant's verdict for $97,200.00.

Plaintiff's Experts: Lawrence Degnan, real estate appraiser

Defendant's Experts: Unknown

Comments: Reversed and remanded by the Court of Appeals of Ohio, Sixth District, Lucas County. See: 700 N.E.2d 347 (Ohio App. 6 Dist. 1997). The date shown above is the date of the appellate court decision.