State ex rel. New Wen, Inc. v. MarchbanksAnnotate this Case
The Supreme Court granted New Wen, Inc.'s request for a writ of mandamus to compel the Ohio Department of Transportation and its director (collectively, ODOT) to commence appropriation proceedings for an alleged taking of its real property, holding that New Wen showed, by clear and convincing evidence, that ODOT must pay compensation for the taking of the property at issue in this case.
At issue was ODOT's closure of a certain intersection, which deprived New Wen of access to a state route. The Supreme Court held that an easement agreement expressly preserved the right of access of New Wen's predecessor-in-title right to the state route and that ODOT's closure of the intersection deprived New Wen of its right of access. Therefore, the Court granted a writ of mandamus to compel ODOT to commence appropriation proceedings and pay compensation for the taking of the property at issue in this case.