Maas, et al., v. The Penn Central Corporation


Maas, et al., v. The Penn Central Corporation, k/n/a American Premier Underwriters, Inc., and American Financial Group, Inc.

Attorneys Henry PriceRonald Waicukauski, and Yvonne Ballesteros along with co-counsel from Minnesota and D.C. represent a class of landowners in Ohio in an action seeking to enforce their property rights.  This class action involves thousands of parcels of property along abandoned railroad right-of-way which were sold by defendant Penn Central Corporation, k/n/a American Premier Underwriters, Inc., even though the property was owned by the adjacent landowners. The class alleges tort claims for Slander of Title, Unjust Enrichment, Theft-Securing Writings by Deception, and Trespass.

Since commencement of the case in April 1999, the litigation has been hotly contested with two trips up to the Ohio appellate courts. In the second appeal, the Ohio Court of Appeals affirmed the trial court’s order granting the landowners’ motion for class certification. Litigation is continuing with summary judgment motions fully briefed and a hearing set for June 10, 2011.

Date filed: April 15, 2009

Court: Court of Common Pleas
Location: Trumbull, Ohio
Trial: August 1, 2011

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