Walters v. Colford

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Walters v. Colford

Case Number
Call Date
March 31, 2017
Court Number
Case Summary

S-16-0641, Gary Walters, Denise Walters, Aaron Schmid, Jacquelyne Romshek, and Corey Micek (appellants) v. Steven Colford and Sara Colford and Daniel Adamy

Butler County District Court, Judge Mary C. Gilbride

Attorneys: Jeffrey Silver ' Todd Vetter (Colfords)/Robert Bierbower (Adamy)

Civil: Nuisance, violation of restrictive covenants, conspiracy

Proceedings below: This is the appellants' appeal from the district court's orders granting summary judgment to the Colfords and Adamy on the appellants' claims that they were entitled to an implied servitude on the Colfords' property and a mandatory injunction requiring the Colfords to remove a large garage on their property. The district court granted the appellees' motion for summary judgment on the nuisance and restrictive covenant claims, but did not dispose an invasion of a privacy claim and a conspiracy claim. After the Court of Appeals dismissed the appellants' first appeal, A-16-0109, the district court entered a summary judgment on the appellants' conspiracy claim and dismissed the complaint.

Issues: Whether the court erred in granting summary judgment to the appellees on the appellants' claims.