State ex rel. DeWine v. Helms, 2013 Ohio 359

Helmses challenged EPA-related wastewater and drinking water violations stemming from CountryView South Apartments; consent decree required plant changes and permits.
A 2008 judgment found liability for drinking water and pollution violations, required connection to public facilities, and assessed penalties.
A Civ.R. 60(B) motion to vacate the December 2008 judgment and a motion for a new trial were denied.
In 2009, after further hearings, another judgment imposed penalties for drinking water and decree violations; that ruling was affirmed on direct appeal.
On Feb. 9, 2012, Helmses filed a Civ.R. 60(B) motion pro se; magistrate granted time, but no new submissions followed; May 5, 2012, motion denied; appeal followed.
Appellee maintained the Civ.R. 60(B) motion was appropriately denied without a hearing; issue on appeal is whether denial was an abuse of discretion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Civ.R. 60(B) motion denial without a hearing was proper	Helmses contend error in denying hearing	State argues no hearing needed where records support denial	No abuse of discretion; hearing not required

GTE Automatic Elec., Inc. v. ARC Indus., Inc., 47 Ohio St.2d 146 (Ohio 1976) (standard for relief from judgment; merits showings)
FirstMerit Bank, N.A. v. Reliable Auto Body Co., 169 Ohio App.3d 50 (9th Dist. 2006) (hearing not automatic on Civ.R. 60(B) motion)
State ex rel. Richard v. Seidner, 1996 (Ohio) (trial court should hold a hearing if allegations warrant it)
Staats v. Finkel, 2011-Ohio-4063 (9th Dist.) (Civ.R. 60(B) motions cannot substitute for direct appeal)
Trumbull Cty. Children Servs. Bd. v. Doe, 28 Ohio St.3d 128 (1986) (limits on Civ.R. 60(B) as substitute for appeal)
Haas v. Bauer, 2004-Ohio-437 (9th Dist.) (relief narrow; issues should be on appeal when possible)
Caruso-Ciresi, Inc. v. Lohman, 5 Ohio St.3d 64 (1983) (catch-all 60(B)(5) not substitute for other grounds)