Implied Easement In a Private Street In Ohio
In Clagg v. Baycliffs Corp., 82 Ohio St. 3d 277, 1998 Ohio 414, R.C. 711.24, the court held that "an implied easement in a private street, created by reference to a subdivision plat depicting and dedicating the street to the lot owners of a subdivision, is statutorily limited so that an owner of land within the subdivision may unilaterally change the course of the street subject to the requirements set forth in R.C. 711.24." Id. at syllabus.
In Clagg, the court also held that because R.C. 711.24 limited the easement rights of the appellants and because the appellants failed to exhaust their administrative remedies through a R.C. 2506.01 appeal of the ORPC determination that the appellants were not injuriously affected, the declaratory and injunctive relief the appellants sought had to be denied. Clagg at 281.
Therefore, summary judgment for the appellees was affirmed.