Goering v. Chriscon Builders, Ltd.
2011 Ohio 5480
Ohio Ct. App.2011Background
- Chriscon owns the Bilamy Creek Subdivision and its detention basin; the basin was approved under a plan with stringent drainage standards and built within a streambed.
- Silting and debris clogged the basin over time, with removal last performed in 1997; upstream developments and a Parkview Heights road project are alleged causes.
- The county approved upstream developments and drainage plans that allegedly directed surface water into Chriscon’s detention basin.
- Chriscon sought a writ of mandamus directing eminent-domain proceedings to obtain just compensation for a claimed taking.
- The trial court granted Civ.R. 41(B)(2) dismissal on Chriscon’s mandamus petition, finding no taking or unreasonable interference; Chriscon appealed.
- The appellate court affirmed, concluding the trial court’s analysis and findings supported dismissal and there was no unreasonable interference sufficient to constitute a taking.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a taking occurred due to upstream drainage | Chriscon asserts substantial interference with its detention basin. | Defendants contend no taking occurred; interference was reasonable. | No taking; Court found the interference reasonable and outweighed by utility. |
| Whether the Civ.R. 41(B)(2) dismissal was proper | Chriscon argues dismissal was improper given evidence of a taking. | Defendants argue the record supports dismissal for lack of a taking and time-bar issues for other claims. | Dismissal affirmed; record supported no substantial interference and no mandamus entitlement. |
| Whether Parkview Heights drainage was unreasonable interference | Parkview Heights increased runoff harmed Chriscon’s basin. | Court found runoff from Parkview Heights was reasonable and not a significant interference. | Not unreasonable interference; Parkview Heights runoff deemed reasonable. |
Key Cases Cited
- McGlashan v. Spade Rockledge Terrace Condo Dev. Corp., 62 Ohio St.2d 55 (Ohio, 1980) (reasonable-use rule for surface-water disputes; liability for unreasonable interference)
- State ex rel. Seikbert v. Wilkinson, 69 Ohio St.3d 489 (Ohio, 1994) (mandamus standard: clear legal right, clear legal duty, no adequate remedy at law)
- Harris v. Cincinnati, 79 Ohio App.3d 163 (Ohio App. 1992) (standard for reviewing Civ.R. 41(B)(2) motions; weighing evidence not viewed in plaintiff’s favor)
- Jacobs v. Bd. of Cty. Commrs., 27 Ohio App.2d 63 (Ohio App. 1971) (precedes granting or denying Civ.R. 50 motions; standard for weight of evidence)