191 Ohio App. 3d 1
Ohio Ct. App.2010Background
- Turner’s building was deemed a nuisance by Englewood and demolished without offering administrative remedies.
- A nuisance-abatement action was filed; trial court granted summary judgment on exhaustion of remedies.
- Englewood demolished in December 2005 after Turner did not post a supersedeas bond; cost totaled $63,991.15.
- This court reversed, finding no proper administrative remedy and procedural missteps by Englewood.
- On remand, Turner sought to add takings and lien invalidity claims; the case proceeded to trial on the takings claim.
- A jury found demolition was justified, and Englewood sought a declaratory judgment to recover demolition costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether due process violation bars demolition-cost recovery | Turner: due process denial precludes costs. | Englewood: costs follow valid nuisance abatement. | Yes; due process violation bars recovery. |
| Whether Englewood followed its demolition procedures to allow cost recovery | Turner: procedures were not followed, invalidating the demolition. | Englewood: procedures provided authority for demolition and cost recovery. | Yes; failure to follow procedures precludes cost recovery. |
Key Cases Cited
- Englewood v. Turner, 168 Ohio App.3d 41 (2006-Ohio-2667) (Turner I; lack of remedies and notice precluded demolition cost recovery)
- Englewood v. Turner, 178 Ohio App.3d 179 (2008-Ohio-4637) (Turner II; administrative remedies and demolition procedures clarified)