2012 Ohio 3688
Ohio Ct. App.2012Background
- City demolished Jackson's property at 1602-1604 E. 82nd St. as an emergency action after a partial collapse on Oct. 29, 2009; demolition occurred Oct. 30, 2009 with notice issued Nov. 3, 2009.
- Board of Building Standards and Building Appeals affirmed the demolition without prior notice; Jackson challenged the decision.
- Jackson challenged due process and statutory/ordinance compliance in the administrative appeal to the Court of Common Pleas.
- Common Pleas reversed the Board, finding due process and statutory issues with pre-demolition notice.
- This court reverses, holding emergency demolition procedures can excuse notice under the ordinance and statute definitions; remand for reinstatement of the Board’s decision.
- Standard of review for R.C. 2506 appeals is more limited for appellate review of legal interpretations and de novo review of questions of law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether notice is required before emergency demolition. | Jackson contends notice is required. | City argues emergency waiver under statute/ordinance. | Emergency provisions exempt notice. |
| Whether statutory/ordinance interpretations were correct. | Jackson argues statutory/ordinance requirements apply. | City asserts proper interpretation allowing no notice in emergencies. | Court erred in trial court; emergency provision controls. |
| Whether post-deprivation hearing satisfies due process. | Pre-deprivation notice should have occurred. | Post-deprivation Board hearing suffices. | Due process satisfied under emergency framework. |
| Whether R.C. 715.26(B) and C.C.O. 3103.09(h)(6) require prior notice in emergencies. | Prior notice required by statute and ordinance. | Emergency language creates exception to notice. | Statutes/ordinances interpreted to permit emergency action without prior notice. |
| Whether any constitutional issues as applied render the decision invalid. | Demonstrates constitutional rights violated by lack of notice. | Actions constitutional under emergency doctrine. | No constitutional flaw under emergency framework. |
Key Cases Cited
- Kisil v. Sandusky, 12 Ohio St.3d 30 (1984) (limited de novo review for statutory interpretations in appellate court)
- D.A.B.E., Inc. v. Toledo-Lucas Cty. Bd. of Health, 96 Ohio St.3d 250 (2002) (statutory interpretation and administrative review guidelines)
- Portage Lakes Educ. Assn. v. State Emp. Rel. Bd., 95 Ohio St.3d 533 (2002) (review of agency action under Ohio statutes)
- Lorain City School Dist. Bd. of Edn. v. State Emp. Rel. Bd., 40 Ohio St.3d 257 (1988) (limits on judicial review of agency decisions; deference to agency findings)
- Henley v. Youngstown Bd. of Zoning Appeals, 90 Ohio St.3d 142 (2000) (due process and administrative action standards)