Meyer v. Countrytyme Land, L.L.C.
2025 Ohio 151
| Ohio Ct. App. | 2025Background
- In 2018, Gerhard and Lyn Meyer bought 45.89 acres from Countrytyme Land LLC, a property that previously included a reclaimed coal mine and existing home.
- Countrytyme had completed mine reclamation work in 2016; Ohio Department of Natural Resources (ODNR) approved the reclamation and later the land’s use was changed to residential.
- Plaintiffs (Meyer family) claimed personal, animal, and property harm due to alleged residual toxins from mining, undisclosed mold from water damage, and improper pit filling, alleging these issues were known and concealed by defendants (Countrytyme and its principals).
- Plaintiffs’ purchase was contingent on a home inspection (which listed issues but did not mention mold); plaintiffs did not seek repairs before purchase.
- Plaintiffs brought claims of negligence, fraudulent misrepresentation, and related causes of action after experiencing health problems and animal deaths after moving in. The trial court granted summary judgment to defendants, finding no genuine issue of material fact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Negligent Misrepresentation | Countrytyme negligently failed to disclose defects/toxins | Caveat emptor; all issues discoverable or disclosed | Barred by caveat emptor—no duty absent fraud |
| Fraudulent Misrepresentation | Countrytyme knowingly concealed/misrepresented property safety | Full disclosure given; no false statements or concealment | No evidence of fraud; summary judgment for defendant |
Key Cases Cited
- State ex rel. Zimmerman v. Tompkins, 75 Ohio St.3d 447 (Ohio 1996) (summary judgment standard—absence of genuine issue of material fact required)
- Celotex Corp. v. Catrett, 477 U.S. 317 (U.S. 1986) (summary judgment burden-shifting)
- Layman v. Binns, 35 Ohio St.3d 176 (Ohio 1988) (caveat emptor doctrine in real estate)
- Burr v. Board of County Commissioners of Stark County, 23 Ohio St.3d 69 (Ohio 1986) (elements of actionable fraud in Ohio)
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (Ohio 1996) (de novo appellate review of summary judgment)