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Kienzle v. Myers

Court of Appeals of Ohio
853 N.E.2d 1203 (2006)


Facts

Jo An Van Duyne and Ruth Bauer owned adjoining properties. In 1981, a public sewer line was constructed along the road adjacent to both properties, and Van Duyne and Bauer were required to connect to the public system. Bauer would have had to excavate her driveway at considerable cost and inconvenience in order to directly connect to the public line. Accordingly, Bauer and Van Duyne agreed Bauer would install a line from Bauer’s home to Van Duyne’s line. Van Duyne’s line would then connect to the public line. If not for Van Duyne’s acquiescence, Bauer would have directly connected her line to the public line. The plastic sewer lines had an expected 50-year lifespan. In 1987, the Susan S. Kienzle Trust (plaintiff) acquired Van Duyne’s property. In 1989, Michael and Joan Myers (defendants) acquired Bauer’s property. On November 5, 2003, the Kienzle Trust revoked permission for the Myerses’ sewer line to cross the Kienzle property and connect with the Kienzle sewer line. The Kienzle Trust directed the Myerses to “make other arrangements” within 30 days and later threatened to “cap” the sewer line unless the Myerses made certain concessions. On March 26, 2004, the Kienzle Trust brought an action to quiet title with respect to the Myerses’ use of the property and enjoin further trespass. The Myerses denied an encroachment and brought a counterclaim, seeking a declaration of easement. The trial court found there was no easement and awarded the Kienzle Trust the cost of capping the sewer line. The Myerses appealed.

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Holding and Reasoning (Singer, J.)

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