The court of common pleas may, upon petition filed in such court by any person owning a lot in a municipal corporation, for the establishment or vacation of a street or alley in the immediate vicinity of such lot, upon hearing, and upon being satisfied that it will conduce to the general interests of such municipal corporation, declare such street or alley established or vacated, but this method shall be in addition to those prescribed in sections 723.04 to 723.08, inclusive, and section 723.02 of the Revised Code.
Bayer v. City of North Coll. Hill, 510 N.E.2d 400 (Ohio Ct. App. 1986). · cites it 7דAlthough appellant presents the issue as a conflict between the right of the city to convey property that is not needed for municipal purposes and the rights of abutting landowners to seek vacation of a street, the dispositive issue on appeal is whether, under R.C. 723.09, the…”
Dulebohn v. Waynesfield, 2020 Ohio 4340 (Ohio Ct. App. 2020). · cites it 20דOn appeal, appellants argue that the trial court erred by failing to hold a hearing regarding vacating the platted, unimproved alleyway pursuant to R.C. 723.09, that the trial court erred by granting Waynesfield adverse possession of the paved alleyway when Waynesfield never…”
State ex rel. Shemo v. City of Mayfield Heights, 765 N.E.2d 345 (Ohio 2002). “Relators subsequently filed a common pleas court action to enjoin the sale of the paper streets and to declare that they had been abandoned by the city or, if not abandoned, to declare them vacated under R.C. 723.09. In December 2000, the parties resolved that case by consent…”
Kuyoth v. Kelleys Island, 2016 Ohio 1395 (Ohio Ct. App. 2016). · cites it 11דThe trial court found that declaring that the road was public would not conduce to the general interests of the municipality and therefore denied appellants’ petition under R.C. 723.09. We find that the appellees are entitled to judgment as a matter of law, and therefore, we…”
State ex rel. Shemo v. Mayfield Hts., 2002 Ohio 1627 (Ohio 2002). “{¶ 9} Relators subsequently filed a common pleas court action to enjoin the sale of the paper streets and to declare that they had been abandoned by the city or, if not abandoned, to declare them vacated under R.C. 723.09. In December 2000, the parties resolved that case by…”
Wilson v. S. Euclid, 2016 Ohio 3258 (Ohio Ct. App. 2016). · cites it 8ד{¶12} A landowner like Wilson has several ways of seeking a vacation of a street.”
Downtown Ent. Co. v. Mullet, 2018 Ohio 3228 (Ohio Ct. App. 2018). “{¶12} In their second cause of action, the Mullets stated if the trial court found the road was a public road, the Mullets petitioned pursuant to R.C. 723.09 that the road be declared vacated.”
Denefield v. Akron, 2019 Ohio 3249 (Ohio Ct. App. 2019). “Nemer, and Lebo Holdings, LLC “intend to create a public alley or road on the residential parcels and have failed to follow the procedures and comply with the notice requirements under [R.C. 723.09 and 723.10.]” Property Owners later voluntarily dismissed the action.”
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