The Ohio Court of Appeals has affirmed a lower court's decision regarding the location of Crosser Road in Columbiana County. This ruling affects McConnell Columbiana Property, LLC, which sought access to its landlocked property through this unmaintained road. The decision clarifies property rights and access issues for landowners in the area.
The case, McConnell Columbiana Property, L.L.C. v. Beno, was filed on June 24, 2026, under docket number 25 CO 0048. The court's ruling is significant as it addresses the rights of property owners and the legal status of an unmaintained public road.
McConnell Columbiana Property, LLC, the plaintiff-appellee, filed a declaratory judgment action in 2023 against twelve defendants, including Frank J. Chestnut and Lana Chestnut, who are co-trustees of The Chestnut Family Trust. The dispute centered around the location of an unmaintained section of Crosser Road, which the plaintiff claimed was essential for accessing its landlocked property. The road had been removed from the county's maintained road inventory, but the company argued it still legally existed and should be accessible.
The plaintiff needed to establish the exact location of Crosser Road to ensure access to its property. The Chestnuts, as defendants, contended that there were genuine issues of material fact regarding whether Crosser Road ran through their property. They submitted an affidavit from Frank Chestnut, claiming the road did not intersect with their land. However, the court found this affidavit lacked substantial evidence.
In the lower court, McConnell Columbiana Property, LLC presented two surveys and affidavits from surveyors to substantiate its claims about the location of Crosser Road. The Chestnuts attempted to counter this evidence with their affidavit and other documents, but the court determined that their submissions did not effectively rebut the plaintiff's evidence.
On July 8, 2025, the trial court granted summary judgment to the plaintiff, stating there were no genuine issues of material fact remaining in the case. The Chestnuts appealed this decision, arguing that the judgment was not a final appealable order because their counterclaim had not been addressed.
However, the Ohio Court of Appeals, led by Judge Cheryl L. Waite, ruled that the trial court's judgment was indeed final and appealable. The court stated, "The Court hereby finds no genuine issues as to any material facts remains to be litigated in this case. The Court finds Plaintiff is entitled to judgment as a matter of law." This ruling confirmed that the trial court had resolved all matters in the case, including the Chestnuts' counterclaim.
The court's opinion emphasized that the Chestnuts' arguments were insufficient to create a genuine issue of material fact. It noted that their affidavit was self-serving and did not provide credible evidence to contradict the surveys presented by the plaintiff. The court stated, "A nonmoving party may not avoid summary judgment by merely submitting a self-serving affidavit contradicting the evidence offered by the moving party."
As a result, the court upheld the trial court's decision, affirming that the unmaintained portion of Crosser Road legally exists and is accessible to McConnell Columbiana Property, LLC. This ruling is significant for landowners in the area, as it clarifies property rights and access to roadways that may not be actively maintained.
Looking ahead, this ruling may influence similar disputes involving landlocked properties and access rights in Ohio. The decision reinforces the importance of proper documentation and expert evidence in property disputes. The Chestnuts have the option to appeal the ruling to the Ohio Supreme Court, but details about any potential appeal were not available in the court filing.