Wimmer Family Trust v. FirstEnergy Corp. ( 2009 )

[Cite as Wimmer Family Trust v. FirstEnergy Corp., 123 Ohio St. 3d 144, 2009-Ohio-4304.]
WIMMER FAMILY TRUST, APPELLANT, v. FIRSTENERGY CORPORATION;
OHIO EDISON COMPANY, APPELLEE.
[Cite as Wimmer Family Trust v. FirstEnergy Corp.,
123 Ohio St. 3d 144, 2009-Ohio-4304.]
Judgment of the court of appeals vacated on the authority of Corrigan v. Illum.
Co., and cause remanded to the trial court for a final declaration of the
metes and bounds of the easement.
(No. 2009-0249 — Submitted July 14, 2009 — Decided September 1, 2009.)
APPEAL from the Court of Appeals for Lorain County, No. 08CA009392,
2008-Ohio-6870.
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{¶ 1} The judgment of the court of appeals is vacated on the authority of
Corrigan v. Illum. Co., 122 Ohio St. 3d 265, 2009-Ohio-2524, 910 N.E.2d 1009,
and the cause is remanded to the trial court for a final declaration of the metes and
bounds of the easement.
MOYER, C.J., and LUNDBERG STRATTON, O’CONNOR, LANZINGER, and
CUPP, JJ., concur.
PFEIFER and O’DONNELL, JJ., dissent.
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Lester S. Potash, for appellant.
Roetzel & Andress, L.P.A., Donald S. Scherzer, and John J. Schriner, for
appellee.
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