Richley v. Jones

310 N.E.2d 236, 38 Ohio St. 2d 64, 67 Ohio Op. 2d 78, 1974 Ohio LEXIS 423
CourtOhio Supreme Court
DecidedApril 24, 1974
DocketNo. 73-606
StatusPublished
Cited by21 cases

This text of 310 N.E.2d 236 (Richley v. Jones) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Richley v. Jones, 310 N.E.2d 236, 38 Ohio St. 2d 64, 67 Ohio Op. 2d 78, 1974 Ohio LEXIS 423 (Ohio 1974).

Opinion

Celebeezze, J.

At the outset, this court must determine whether the decision in New Way Family Laundry v. Toledo (1960), 171 Ohio St. 242, applies to the facts herein. In that case, paragraph three of the syllabus held that:

“The construction of a divider strip in the middle of a highway resulting in the elimination of left turns from and into the abutting property and thereby permitting only light turns and requiring circuity of travel to leave or reach the opposite half of the highway does not constitute-an actionable interference with the' abutting property owner’s right of ingress and egress.”

[66]*66Although that statement seems applicable, the appel-lees have succeeded in convincing the trial court and the Court of Appeals that it should not he applied in this case. Appellees argue that, in New Way Family Laundry, there was no taking of property, while in the cause before us there was a taking, and part of the take was to be used in construction of the median. They quote from the first sentence of the opinion in New Way Family Laundry, as follows:

“First it should be noted that this highway improvement project involved the appropriation of none of the plaintiff’s property * *

From that language, appellees argue that New Way Family Laundry was not meant to apply when an appropriation is involved.

Appellees’ second argument is that “every element entering into the question of value” must be taken into consideration in determining the amount of compensation. See Sowers v. Schaeffer (1951), 155 Ohio St. 454, 459, citing 29 Corpus Juris Secundum, 971, Section 136. It is fair to say that a prudent businessman would take such a change in traffic flow into consideration if he were considering a purchase. So, appellees argue, the change in flow should be taken into consideration in determining proper compensation in an appropriation proceeding.

An apparent conflict is thus presented to this court for the first time. The ordinary rule is that any change in traffic flow occasioned by placing medians in the road results from the exercise of the police power of the state.

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Cite This Page — Counsel Stack

Bluebook (online)
310 N.E.2d 236, 38 Ohio St. 2d 64, 67 Ohio Op. 2d 78, 1974 Ohio LEXIS 423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richley-v-jones-ohio-1974.