In the case of State ex rel. Lookout, L.L.C. v. City of Cincinnati, 2020-Ohio-5486, the Ohio Supreme Court held two streets subject to a statutory dedication were public roads rather than private streets.
The company argued that the two streets were public roads and as such, the city was required to maintain and repair the roads. The Ohio Supreme Court agreed in part.
The Court reasoned that the map evidence clearly showed the two streets were the subject of a statutory dedication and are therefore public roads, however, the company must show the city has a legal duty to repair and maintain them. The Court of Appeals will decide this issue.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.