2021 Ohio 1458
Ohio Ct. App.2021Background
- Granite City owned a residential structure on property declared a nuisance by Champion Township in June 2017 under R.C. 505.86.
- Granite City requested a hearing and, before the hearing, the parties allegedly reached a verbal agreement (memorialized in emails) where Granite City would obtain bids and be responsible for demolition at a price it chose.
- In August 2017 the Township resolved to demolish the structure, entered the property, demolished it, left debris and an unlevelled site, then certified demolition costs and placed a lien on the property.
- Granite City sued in 2020 asserting (1) wrongful demolition (effectively alleging breach of the oral agreement), (2) substantive and procedural due process claims under 42 U.S.C. § 1983, and (3) a declaratory judgment seeking removal of the lien.
- The Township moved to dismiss under Civ.R. 12(B)(6) asserting political-subdivision immunity (R.C. Chapter 2744) and that claims were time-barred; the trial court dismissed the § 1983 claim but denied dismissal of the first and third claims.
- The Eleventh District Court of Appeals affirmed, holding the complaint alleged facts sufficient to plead a breach of an oral agreement (so R.C. 2744.09(A) might apply) and that immunity could not be resolved on the pleadings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether political-subdivision immunity bars the wrongful demolition claim | Granite City alleges a breached oral agreement memorialized in emails; R.C. 2744.09(A) excludes contract claims from Chapter 2744 immunity | Township contends R.C. 2744.02 grants immunity for its demolition actions | Court: Complaint pleads operative facts of an agreement; cannot decide immunity as a matter of law on a 12(B)(6) record; denial of dismissal affirmed |
| Whether Granite City may seek declaratory relief to challenge the certified lien | Granite City may challenge the lien on grounds it is not liable for demolition costs | Township maintains certified costs create a tax-like lien and collection mechanism | Court: Declaratory action to contest the lien survives dismissal; landowners may challenge such liens |
| Whether the § 1983 due process claims survive statute-of-limitations and pleading rules | Granite City asserted procedural and substantive due-process violations | Township argued the § 1983 claims are governed by a two-year statute of limitations and time-barred | Court: Trial court properly dismissed the § 1983 claims as time-barred; that dismissal was affirmed |
Key Cases Cited
- O'Brien v. Univ. Community Tenants Union, 42 Ohio St.2d 242 (establishes Ohio notice-pleading standard and that complaints survive if any set of facts could entitle plaintiff to relief)
- York v. Ohio State Hwy. Patrol, 60 Ohio St.3d 143 (motion-to-dismiss standard: courts accept complaint allegations as true and draw inferences for plaintiff)
- Funk v. Rent-All Mart, Inc., 91 Ohio St.3d 78 (substance of complaint controls over captions in identifying causes of action)
- Supportive Solutions, L.L.C. v. Electronic Classroom of Tomorrow, 137 Ohio St.3d 23 (statutory immunity is an affirmative defense that must be pleaded)
- Epperly v. Medina City Bd. of Edn., 64 Ohio App.3d 74 (12(B)(6) appropriate to decide an affirmative defense only when its validity is determinable solely from the pleadings)
- Englewood v. Turner, 178 Ohio App.3d 179 (recognizes that contract claims are not subject to political-subdivision immunity under R.C. 2744.09(A))
- Shelton v. Twin Twp., 30 N.E.3d 1047 (example where breach-of-contract claim against a township was cognizable and resolved on the merits)
- Fisher v. Ahmed, 153 N.E.3d 612 (pleadings lacking facts to resolve applicability of R.C. Chapter 2744 cannot support dismissal on immunity grounds)