194 Ohio App. 3d 120
Ohio Ct. App.2011Background
- Board of Building Appeals upheld a citation for 4509-4515 Main Ave (former Carlisle’s) against Pittsburgh Mellon; Harris appeals the final order.
- Harris filed a notice of appeal with the trial court on October 6, 2009; Pristera moved to dismiss for lack of a real party in interest.
- Harris claimed he was the alter ego/owner via a Cuyahoga County divorce court finding awarding ownership.
- Trial court dismissed the appeal on November 25, 2009 for lack of standing; Harris later sought relief from judgment and a stay, which were denied in 2010.
- Court held Harris lacked standing and was not the real party in interest or a responsible party under R.C. 3737.43; res judicata/collateral estoppel did not bar the current action; judgment affirmed.
- Judgment entries dismissing the appeal based on standing were affirmed with costs assessed against Harris.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Harris has standing to pursue the administrative appeal. | Harris claims ownership per divorce finding and seeks standing. | Pristera contends Harris is not the real party in interest or responsible party. | Harris lacked standing; not the real party in interest; appeal properly dismissed. |
Key Cases Cited
- Portage Cty. Bd. of Commrs. v. Akron, 109 Ohio St.3d 106 (2006-Ohio-954) (standing and appellate review standards in administrative appeals)
- Sohi v. Ohio State Dental Bd., 130 Ohio App.3d 414 (1998) (appellate review limited to support in evidence)
- Willoughby Hills v. C.C. Bar’s Sahara, Inc., 64 Ohio St.3d 24 (1992) (standing required a present interest prejudicing the party)
- Shealy v. Campbell, 20 Ohio St.3d 23 (1985) (real party in interest definition)
- Goodson v. McDonough Power Equip., Inc., 2 Ohio St.3d 193 (1983) (collateral estoppel/privity considerations)
- Portage Cty. Bd. of Commrs. v. Akron, 109 Ohio St.3d 106 (2006-Ohio-954) (standing and procedural requirements in agency appeals)
- Thompson v. Wing, 70 Ohio St.3d 176 (1994) (collateral estoppel prerequisites)
- Hills & Dales v. Ohio Dept. of Edn., 10th Dist. No. 06AP-1249 (2007-Ohio-5156) (administrative appeal party must be adversely affected)