2011 Ohio 3410
Ohio Ct. App.2011Background
- GIW appeals no contest pleas and $90,000 total fines for 18 violations of Cleveland Codified Ordinance 367.12(c).
- Plea occurred March 23, 2010; sentencing April 29, 2010 with maximum $5,000 per violation.
- Ordinance 367.12(c) requires a Certificate of Disclosure when selling 1–4 unit dwellings, plus a $60 fee.
- Complaints allege GIW sold property without furnishing the Certificate of Disclosure; 18 properties with transfer histories were attached.
- Court held 367.12(c) strictly liable; GIW liable as seller or as an entity under the ordinance; sentenced GIW to $90,000 total; dissent by Stewart.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the guilty finding required a detailed explanation of the offense | GIW argues no record explanation of circumstances. | City argues the plea and record sufficed per RC 2937.07. | Guilty finding supported; first assignment overruled. |
| Whether an LLC can be liable under 367.12(c) as seller or person | GIW contends 367.12(c) applies to persons only. | GIW is an LLC and qualifies as a seller under the ordinance. | GIW liable under 367.12(c) as seller or person; second assignment overruled. |
| Whether the PSI and GIW's responses were properly considered under RC 2951.03 | GIW alleged inaccuracies; court failed to comply with RC 2951.03(B)(5). | Court thoroughly considered the PSI and GIW's responses; third assignment overruled. | |
| Whether the $90,000 total fines were an abuse of discretion given sentencing guidelines | Suggests penalties were excessive and not aligned with purposes of sentencing. | Court properly weighed factors under RC 2929.21–22 and imposed appropriate deterrence. | No abuse of discretion; fourth assignment overruled. |
Key Cases Cited
- City of Cuyahoga Falls v. Bowers, 9 Ohio St.3d 148 (Ohio 1984) (compliance with RC 2937.07 requires factual explanation of the offense)
- Chagrin Falls v. Katelanos, 54 Ohio App.3d 157 (Ohio App. 1988) (record must show facts supporting all essential elements of the offense)
- State v. Collins, 89 Ohio St.3d 524 (Ohio 2000) (strict liability concepts; elements met by conduct)
- Cleveland v. Blue Spruce Entities, LLC, 2011-Ohio-1932 (Ohio App. 8th Dist. 2011) (LLC can be liable under municipal ordinance for disclosure violation)