U.S. Supreme Court declines to hear Wasserman case

FREMONT – The U.S. Supreme Court rejected Stanley and Kathryn Wasserman’s writ of certiorari motion last week and will not hear the Sandusky County couple’s case against the City of Fremont regarding damage to their property.

Fremont City Law Director Jim Melle said he was happy the Supreme Court ruled in favor of the city in the case, which had gone through several courts over the past four years.

“It’s been extinguished,” Melle said after Thursday’s Fremont City Council meeting.

The Sandusky County couple filed a writ of certiorari motion with the U.S. Supreme Court in February to see if the nation’s highest court would hear the case decided in the city’s favor in 2014.

In a complaint originally filed in June 2010, the Wassermans alleged the city damaged and ruined part of two drainage tiles on an easement they had to the reservoir site. An easement gives a property owner the right to use someone else’s land for a limited purpose.

The city appealed to the Ohio Supreme Court to overturn a decision of the state’s Sixth District Court of Appeals that ruled Fremont and former mayor Terry Overmyer unconstitutionally took a local couple’s land easement while building the city’s reservoir.

The Ohio Supreme Court reversed the 2013 appeals court decision and ruled for the city in the case.

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