Lakemore v. Schell
2020 Ohio 4453
Ohio Ct. App.2020Background
- Long-running dispute: Schell sought to build a garage; Village of Lakemore opposed for >7 years. Prior litigation produced a settlement addressing garage construction and permit process, and the trial court retained jurisdiction to enforce that settlement.
- April 3, 2018: Lakemore sued Schell for zoning violations and nuisance; Schell moved to dismiss, Lakemore amended and expanded allegations (business use, storage, fences, signs).
- Schell answered and asserted counterclaims, including abuse of process and a petition for a writ of mandamus to compel issuance of a building permit for the garage.
- Lakemore moved for judgment on the pleadings as to Schell’s counterclaims, arguing political-subdivision immunity for abuse of process and that mandamus was barred by the prior settlement/right-to-build terms (and related defenses).
- Trial court granted judgment on the pleadings as to Schell’s counterclaims; Schell appealed but conceded on appeal that abuse-of-process dismissal was proper due to immunity.
- The Ninth District affirmed: Schell’s mandamus claim was barred by the prior settlement (and the court’s retained jurisdiction to enforce it), so judgment on the pleadings was proper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Abuse of process counterclaim | Schell alleged improper process by Lakemore | Lakemore is a political subdivision and immune; statute of limitations defense | Dismissal affirmed; Schell conceded immunity issue |
| Writ of mandamus to compel permit | Schell alleged Lakemore unlawfully and politically denied permits; no adequate remedy at law | Prior settlement and court order governed permit/garage rights; issues were settled and enforcement belonged to the prior case | Judgment on the pleadings affirmed; mandamus claim barred by prior settlement |
Key Cases Cited
- State ex rel. Midwest Pride IV, Inc. v. Pontious, 75 Ohio St.3d 565 (1996) (explains Civ.R. 12(C) standard: pleadings construed in nonmoving party's favor and dismissal only if no set of facts would entitle relief)
- Lin v. Gatehouse Constr. Co., 84 Ohio App.3d 96 (1992) (applies standard for judgment on the pleadings under Civ.R. 12(C))
- Blue Heron Nurseries, L.L.C. v. Funk, 186 Ohio App.3d 769 (2010) (appellate de novo review of trial court's dismissal under Civ.R. 12(C); no deference to trial court)