Cincinnati v. Twang, L.L.C.

Citations

• 2021 Ohio 4387

Syllabus

MUNICIPAL — REAL PROPERTY — PUBLIC NUISANCE —PROCEDURE/RULES — R.C. 3767.41(E) — APPELLATE REVIEW/CIVIL: The trial court did not err by dismissing defendant building owner's counterclaim seeking demolition of its own building that was alleged to be a public nuisance in a statutory-public-nuisance action brought by plaintiff city, because R.C. 3767.41(E) only afforded the owner the right to make a written request for demolition. The trial court did not err by granting summary judgment to the city on collections claims against a building owner for unpaid fees and fines arising under the city's municipal code where the owner admitted it owed the fees and fines and failed to pay them and the owner's challenge to the fees and fines as unconstitutional under the Excessive Fines Clause was untimely. A request for an advisory opinion from the appellate court is not a proper assignment of error and will be disregarded.