2004 Ohio 838 | Ohio Ct. App. | 2004
{¶ 2} From 1991 through 2001, appellant owned and resided upon real property located at 6540 Old Hall Road in Galloway, Ohio ("Ross I property"). In May 1999, appellees filed a complaint for injunctive relief against appellant ("Ross I case"), alleging that appellant was in violation of certain provisions of the Prairie Township Zoning Resolution ("resolution") as the result of his storage of various vehicles, golf carts, equipment, material, debris, junk, and personal property on the Ross I property. After a trial on the merits, the parties approved an agreed judgment entry on February 3, 2000. The judgment stipulated that appellant's use was in violation of several provisions of the resolution and permanently enjoined appellant from placing, storing, or allowing the placement for storage of specified vehicles, recreational items, and personal property "on or near the Property, or at any other location in any residentially zoned district in Prairie Township, Franklin County, Ohio." This judgment was not appealed.
{¶ 3} On July 10, 2000, appellant acquired a 5.1-acre parcel of property located at 6596 Hall Road, Galloway, Ohio ("Ross II property"). The Ross II property is around the corner from the Ross I property but abuts the rear of the Ross I property. Both properties are in a Section 820 agricultural zoning district pursuant to the resolution. Appellant sold his Ross I property in May 2001. On the Ross II property appellant built a residence and several outbuildings. At some time prior to June 2001, appellant began to move the motor vehicles, golf carts, tractors, trailers, equipment, tools, building materials, and various other items, junk, and debris from the Ross I property to the Ross II property. Also during 2001, appellant placed a home trailer and semi-truck-type trailer onto the property.
{¶ 4} On June 5, 2001, the inspector notified appellant via notice of zoning violation that his storage activities on the Ross II property violated various sections of the resolution ("Ross II case"). Appellant appealed the notice to the Prairie Township Board of Zoning Appeals ("Board of Zoning Appeals"). After a July 10, 2001 hearing, the inspector's decision was affirmed. Appellant did not appeal the decision of the Board of Zoning Appeals.
{¶ 5} On June 12, 2002, appellees filed a combined complaint for injunctive relief relating to the Ross II property and a motion in contempt for violations of the February 3, 2000 injunction granted in the Ross I case. Appellant filed a counterclaim, alleging a violation of the Americans with Disabilities Act ("ADA"). On October 9, 2002, the matters were tried in the municipal court. On October 11, 2002, the trial court entered a decision, entry and order, finding: (1) appellant's defenses were barred by res judicata and/or his failure to pursue administrative remedies relating to the Ross I case and his failure to appeal the decision of the Board of Zoning Appeals in the Ross II case; (2) the principal use of the Ross II property was not agricultural as a result of his incidental planting of fruit and nut trees and a garden; (3) the principal use of the property was a residence; (4) appellees proved by clear and convincing evidence that appellant was engaged in prohibited outdoor storage on the Ross II property; (5) appellant was in contempt for his failure to comply with the February 3, 2002 judgment in the Ross I case; and (6) appellant's counterclaim relating to the ADA was not well-taken. The trial court imposed no penalty upon the finding of contempt but set a deadline for removal of the items on the Ross II property. On April 23, 2003, the trial court entered a judgment entry on the October 11, 2002 decision and order. Appellant appeals the judgment of the trial court, asserting the following two assignments of error:
I. The Environmental Court erred in issuing injunctive relief against Mr. Ross, based on a finding that Prairie Township's definition of a "Residential District" includes an "Agricultural District."
II. The Court erred in denying defendant's counter-claim seeking declaratory relief for violations of the American's with disability act.
{¶ 6} We must first address several procedural matters before proceeding to appellant's assignments of error. First, the present case comes before this court upon appeal of two determinations by the trial court: (1) the granting of appellees' motion for contempt relating to the permanent injunction granted in Ross I; and (2) the granting of appellees' motion for permanent injunction relating to the Ross II property. With regard to the trial court's granting of appellees' motion for contempt, the trial court specifically indicated in its April 29, 2003 judgment entry that it was not going to impose a penalty for the contempt. A contempt finding is not a final order until the imposition of a penalty or sanction. State ex rel. Doe v. Tracy
(1988),
{¶ 7} Second, appellant points out several times that the zoning resolution at issue in the present case was changed on December 23, 2002, which was prior to the trial court's final judgment in the present case. However, the change in the zoning resolution has no affect on this case. Generally, a statute is presumed to be prospective unless it is expressly made retrospective by the legislature. R.C.
{¶ 8} Third, contrary to appellant's claims, the present case is a consolidated case with the Ross I case. Appellant contends appellee never sought consolidation, and nothing in the record reflects that the case was consolidated. However, appellees' complaint specifically moves for consolidation of the cases. Further, although we find no order specifically granting the motion for consolidation, the April 29, 2003 judgment entry indicates that the case was a "consolidated case," and the caption of the judgment contains both case numbers. Therefore, we find this case was a consolidated case.
{¶ 9} Given these preliminary determinations, we now address appellant's assignments of error, which we will address together. Appellant argues in his first assignment of error that the trial court erred in issuing injunctive relief against him, based on a finding that the resolution's definition of "residential district" includes an "agricultural district." Appellant argues in his second assignment of error that the trial court's decision denying his claim pursuant to the ADA was against the manifest weight of the evidence.
{¶ 10} Although the Ross II property is in an agricultural district under Section 820 of the resolution, Section 810 of the resolution defined residential districts to include agricultural districts, thereby bringing appellant's property under the purview of the zoning restrictions for residential districts. Appellant contends that the resolution violates R.C.
{¶ 11} The standard of review regarding the granting of an injunction by a trial court is whether the trial court abused its discretion. Perkins v. Village of Quaker City (1956),
{¶ 12} In the present case, appellees asserted, and the trial court agreed, that appellant's arguments are barred by res judicata. Because the applicability of res judicata is a question of law, this court utilizes a de novo standard of review. SeeOhio Bell Tel. Co. v. Pub. Util. Comm. (1992),
The doctrine of res judicata includes (1) claim preclusion, historically called estoppel by judgment, and (2) issue preclusion, traditionally called collateral estoppel. Grava v.Parkman Twp. (1995),
{¶ 13} Thus, res judicata applies to bar a party's claims when the party failed to appeal a decision issued in a quasi-judicial administrative proceeding in which both parties were afforded the opportunity to litigate the issues at an adjudicative hearing. Id., at ¶ 27, citing Lamar OutdoorAdvertising v. Dayton Bd. of Zoning Appeals, Montgomery App. No. 18902, 2002-Ohio-3159, at ¶ 18; Denune v. Springfield, Clark App. No. 01CA0097, 2002-Ohio-3287, at ¶ 19; and Greene v.Conrad (Aug. 21, 1997), Franklin App. No. 96APE12-1780, appeal not allowed,
{¶ 14} In the present case, res judicata applies to bar appellant's arguments under his first assignment of error. Although it is not a part of the record before us, appellant testified that he attended the hearing before the Board of Zoning Appeals, and was given an opportunity to testify and present evidence. He also admitted that he raised the same argument before the Board of Zoning Appeals that his property was for agricultural use and therefore exempt from the resolution. The Board of Zoning Appeals deliberated and voted to uphold the inspector's violation letter. Appellant testified that he witnessed the vote and was informed that the Board of Zoning Appeals had upheld the inspector's violation letter. However, appellant failed to appeal the decision of the Board of Zoning Appeals pursuant to R.C. 2506. A decision of an administrative body which is not timely appealed, pursuant to R.C. 2506, becomes final and immune from collateral attack from all but jurisdictional defects. See Yackee, supra, at ¶ 19, citingHoliday Homes, Inc. v. Butler Cty. Bd. of Zoning Appeals
(1987),
{¶ 15} Res judicata also applies to appellant's ADA and constitutional claims in his second assignment of error. A challenge to the constitutionality of a zoning ordinance may be raised in an administrative appeal to the court of common pleas pursuant to R.C. 2506. See Yackee, supra, at ¶ 22, citing SMC,Inc. v. Laudi (1975),
{¶ 16} Appellees also claim that appellant's assignments of error are precluded by the application of the doctrine of failure to exhaust administrative remedies. However, given our determination as to the issue of res judicata, we need not address appellees' argument with respect to the exhaustion of administrative remedies.
{¶ 17} Accordingly, appellant's two assignments of error are overruled, and the judgment of the Franklin County Municipal Court, Environmental Division, is affirmed.
Judgment affirmed.
Klatt and Watson, JJ., concur.