Orser v. Perrysburg
2017 Ohio 5843
| Ohio Ct. App. | 2017Background
- Jonathan Orser, a resident and property owner in Perrysburg's Historic District, sued the City and its mayor seeking declaratory and injunctive relief to prevent demolition of historic buildings (including the Water Works Building at 111 Water Street).
- Orser sought an emergency temporary restraining order (TRO); the court initially denied, then granted a renewed TRO on January 5, 2016 — but the Water Works Building had been demolished earlier that morning.
- The City moved to dismiss as moot; Orser amended his complaint alleging the City violated municipal demolition/landmark procedures and that the unlawful demolition reduced his property value.
- The City moved to dismiss the amended complaint under Civ.R. 12(B)(6), arguing the claims were moot and Orser lacked standing to pursue declaratory relief based on generalized harm to property values.
- The trial court dismissed without prejudice, concluding Orser did not allege a personal legal interest or a concrete, redressable injury; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to seek declaratory/injunctive relief after demolition | Orser: as a Historic District property owner he suffered a cognizable, ongoing loss in property value from the City’s unlawful demolition | City: Orser alleges only generalized, speculative harm; ordinance breach does not create a private cause of action; claim is moot | Court: Orser lacks standing — alleged harm is a generalized grievance and not a personal, concrete injury likely redressable; dismissal affirmed |
Key Cases Cited
- O'Brien v. Univ. Community Tenants Union, Inc., 42 Ohio St.2d 242 (Ohio 1975) (standard for dismissal under Civ.R. 12(B)(6))
- Burger Brewing Co. v. Liquor Control Comm., Dep't of Liquor Control, 34 Ohio St.2d 93 (Ohio 1973) (elements required for declaratory judgment action)
- State ex rel. Consumers League of Ohio v. Ratchford, 8 Ohio App.3d 420 (Ohio Ct. App. 1982) (standing requires concrete injury in fact)
- Am. Aggregates Corp. v. Columbus, 66 Ohio App.3d 318 (Ohio Ct. App. 1990) (generalized grievances insufficient for standing)