Date: 03-07-2025

Case Style: Jack Marchbanks, Director, Ohio Department of Transportation v. Neema, LLC, et al.

Case Number: 2022 CV 0397

Judge: Not Available

Court: Court of Common Plea, Erie County, Ohio

Plaintiff's Attorney: Ohio Attorney General's Office

Defendant's Attorney:

Description: Sandusky, Ohio condemnation lawyer represented the defendant in an eminent domain case.

This appropriation action stems from an ODOT project to convert the intersection of State Routes 4 (Hayes Avenue) and 99 (Skadden Road) in Erie County, Ohio, from a two-way stop to a single lane roundabout. Neema owns two parcels of property abutting the routes to the west and east and totaling 8.9 acres. A Marathon gas station and convenience store operates on the northern, 3.0459-acre triangular parcel. The southern, 5.8047-acre parcel is vacant. Prior to the roundabout's construction, store patrons had five access points, two on S.R. 4 (drives 1 and 2), and three on S.R. 99 (drives 3, 4, and 5). Following construction, the two access points on S.R. 4 and only the southernmost access point, drive 5, on S.R. 99 remained.

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Legal issue Can an expert's appraisal testimony in an appropriation action separately value each parcel within a property rather than applying a unit rule to jointly value them?

Key Phrases Appropriation action. Motion in limine. Jury verdict compensation. Expert appraisal testimony. Property valuation approach.

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments: