Opinion

Richley (Masheter) v. Bowling

  • 34 Ohio App. 2d 200
  • 63 Ohio Op. 2d 368
  • 299 N.E.2d 288
  • 1972 Ohio App. LEXIS 318
Court
Ohio Court of Appeals
Filed
Sep 21, 1972
Status
Published
Author
Younger
On the bench
Cole, Gubensey, Younger
Cited by
4 cases

The opinion

Younger, P. J.,

dissenting. I must dissent from the majority opinion in this case. The state was prepared to show that because the interchange was being built in close proximity to the property being appropriated, and because it was the first property off the ramp, it became a special benefit accruing to Dr. Bowling individually. As such, it acquired a commercial value and, in fact, a small piece of this land (less than one acre) was sold for filling station purposes to the Marathon Oil Company for $40,000. This windfall to Dr. Bowling occurred solely by accident or because the plans called for this interchange at this particu

*209

lar place. This did not happen to the other landowners who were neighbors of Dr. Bowling. This proffered testimony was ruled nonadmissible by the trial eonrt.

“Special benefits” as used in contra-distinction to “general benefits” are described and set forth in the case of

Little Miami R. R. Co.

v.

Collett,

6 Ohio St. 182 , which was an appropriation case also.

I think the trial eonrt committed prejudicial error in its refusal to admit this evidence.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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