ISHA, Inc. v. Risser
2013 Ohio 2149
Ohio Ct. App.2013Background
- ISHA, Inc. d.b.a. Quizno’s and Donna F. Baber Trust-related lease and ownership history.
- ODOT appropriated the subject property; ODOT offered compensation to landlord and tenant-improvements shop.
- ISHA renovated the property and operated Quizno’s; ISHA vacated after taking action began.
- Lease contained a buyer’s option for ISHA to purchase; taking occurred before ISHA exercised.
- Trial court granted partial summary judgment to Risser/Baber; ISHA appeals with three assignments of error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ISHA could exercise the option after the taking. | ISHA relied on Cullen & Vaughn; equitable ownership allows exercise post-taking. | Option must be exercised before termination; taking terminated lease. | Option not exercisable after taking; lease terminated. |
| Whether res judicata barred ISHA’s claims based on prior settlements. | Res judicata does not bar because cross-claims were not litigated. | Settlement entries show all cross-claims resolved; res judicata applies. | Issue moot; grant of summary judgment affirmed on this basis. |
| Whether Risser’s individual dismissal was proper given alleged involvement. | Risser individually liable for fraud/altered documents. | Complaint failed to state claims against Risser personally. | Risser properly dismissed individually; complaint as to Risser personally failed. |
Key Cases Cited
- Cullen & Vaughn Co. v. Bender Co., 122 Ohio St. 82 (1930) (affirmative holdings on option-to-purchase and appropriation impact)
- Weir Funeral Home, Inc. v. Miller, 2 Ohio St.2d 189 (1965) (default lease rights to compensation; impact of eminent domain)