Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Spellman Outdoor Advertising Services, LLC v. Ohio Department of Transportation

Court of Appeals of Ohio, Tenth District

March 16, 2017

Spellman Outdoor Advertising Services, LLC, Plaintiff-Appellant,
v.
Ohio Department of Transportation c/o Outdoor Advertising Device Control Section, Division of Construction Management et al., Defendants-Appellees.

         APPEAL from the Franklin County Court of Common Pleas TYACK, P.J. (C.P.C. No. 15CV-10708)

         On brief:

          Sikora Law LLC, Michael J. Sikora, III and Alexander E. Goetsch, for appellant.

         Argued:

          Michael J. Sikora, III.

         On brief:

          Michael DeWine, Attorney General, Gregory S. Severance, William J. Cole and Eric M. Hopkins, for appellees Ohio Department of Transportation and Jerry Wray.

         Argued:

          Eric M. Hopkins.

         On brief:

          Mansour Gavin LPA, Bruce G. Rinker and John W. Monroe; Jennifer L. Stueber and Tommie Jo Marsilio, General counsel; Organ Cole LLP, Douglas R. Cole and Erik J. Clark, for appellee The Ohio Turnpike and Infrastructure Commission.

         Argued:

          Erik J. Clark.

          DECISION

         {¶ 1} Appellant, Spellman Outdoor Advertising Services, LLC ("Spellman"), appeals from the April 5, 2016 decision and entry of the Franklin County Court of Common Pleas affirming the November 16, 2015 order of the Director of the Ohio Department of Transportation ("ODOT") denying Spellman's permit applications for outdoor advertising billboards along the Ohio Turnpike. For the reasons that follow, we reverse the judgment of the court of common pleas.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         {¶ 2} On March 16, 1953, David E. Mullet, Mary S. Mullet, and Edward D. Mullet conveyed a strip of land from a larger piece of property to the Ohio Turnpike Commission ("OTC")[1] to be used for the planned construction of the Ohio Turnpike. This strip of land consisted of approximately 14.5 acres and is referred to as the "Turnpike Property." A warranty deed was recorded with the Portage County Recorder's Office on April 23, 1953, and contained the following restriction:

Grantor(s), for his/her/their heirs, administrators, executors, and assigns, hereby covenant(s) with the State of Ohio and the Ohio Turnpike Commission and their successors and assigns that Grantor(s), [] their heirs, administrators, executors, and assigns shall not establish or maintain or permit any natural or legal person to establish or maintain on any of aforesaid remaining lands any billboard, sign, notice, poster, advertising device, or other display which is visible from the travelway of Ohio Turnpike Project No. 1, and which is not at the date hereof in existence. This covenant shall run with the land.

(ODOT Ex. B.) ("Mullet Restriction.")

         {¶ 3} When the Turnpike Property was deeded to OTC, the Mullet property, consisting of 80.34 acres, was divided into three segments. First, there was the Turnpike Property itself. Then there was a 58.2 acre portion that remained north of the Turnpike Property. Then there was a 7.6 acre portion south of the Turnpike Property that is at issue in this case and is referred to by the parties as the "Spellman Property." The division of the Mullet property into those three segments is included in an acreage report attached to the Turnpike deed.

         {¶ 4} After the Turnpike deed was recorded in 1953, the Spellman Property was transferred three times with the final transfer to Willis and Gloria Mulhern (the "Mulherns") recorded in 1989. None of the transfers of the Spellman Property made reference to the Mullet Restriction. No instrument in the chain of title to the Spellman Property includes, takes exception to, or references in any way, the Mullet Restriction.

         {¶ 5} In August 2007, Spellman entered into a lease with the Mulherns to erect and maintain outdoor advertising structures on the Spellman Property located at 9175 N. Main Street, Windham, in Portage County, Ohio. The lease was recorded on November 26, 2007 in Portage County in the chain of title to the Spellman Property. (Memorandum of Lease.)

         {¶ 6} In August 2007, Spellman obtained a property report for the Spellman Property which stated in pertinent part: "THERE WERE NO RESTRICTIONS OF RECORD FOUND AT THIS TIME, PORTAGE COUNTY RECORDS, OHIO." ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.