Ohio Power Co. v. Ogle
2013 Ohio 1745
Ohio Ct. App.2013Background
- Appellee Ohio Power sought an easement across appellants' land for a power line to serve a nearby tower.
- The trial court bifurcated the case to determine public necessity first, then compensation.
- Jury awarded $4,000 for the easement's market value and $50,000 for damages to the residue; final judgment entered December 11, 2008.
- Appellee deposited the $54,000 jury award with the clerk on April 1, 2009; stays expired and appeals proceeded.
- Contempt proceedings were filed (August 2009) alleging appellants blocked access; contempt found; sanctions of $25,136.78 awarded and later distributed.
- On remand (2011–2012) due to a contempt-reversal and remand, the trial court directed further deposits; by July 20, 2012 distribution was completed and the case concluded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Post-judgment interest and distribution moot | Appellee and/or Appellee asserted mootness of distribution and interest issues. | Appellants claimed they were entitled to post-judgment interest and proper distribution calculated. | Appellants not entitled to post-judgment interest; distribution moot but addressed on merits. |
| Attorney's fees and sanctions on contempt | Appellee sought fees as sanctions for frivolous conduct related to contempt. | Appellants argued for fees and sanctions; asserted improper conduct by Appellee. | Assignment denied; motion for attorney's fees/sanctions untimely and Court did not award. |
| Additional compensation for property/trespass and sanctions | Appellee contested compensation for allegedly stolen trees and sought sanctions in related matters. | Appellants contended more damages and sanctions were warranted. | Res judicata and mootness bar further compensation; no additional damages or sanctions awarded. |
Key Cases Cited
- Blodgett v. Blodgett, 49 Ohio St.3d 243 ((Ohio Supreme Court)) (satisfaction moots appeal; payment ends controversy)
- City of Athens v. Warthman, 25 Ohio App.2d 91 ((Ohio App.2d Dist.)) (deposit-withheld funds stop accruing statutory interest)
- Ohio Dept. of Natural Resources v. Hughes, 145 Ohio App.3d 202 ((6th Dist. 2001)) (determine dates for interest accrual in appropriation)
- Burchett v. Larkin, 192 Ohio App.3d 418 ((4th Dist. 2011)) (frivolous conduct standard; appellate review of abuse-of-discretion)
- Real Estate Appraisal, Inc. v. Starks, 2002-Ohio-6752 ((10th Dist.)) (R.C. 2323.51 timing for motion for attorney’s fees)
- Atlantic Veneer Corp. v. Robbins, 2004-Ohio-3710 ((4th Dist.)) (adopts approach to post-judgment remedies and sanctions)