Dueck v. Clifton Park Trust

Citations

• 2019 Ohio 4784

Syllabus

Res judicata, declaratory judgment, trust property, direct beneficiary, permissive rights. This court determined in Dueck v. Clifton Club Co., 2017-Ohio-7161, 95 N.E.3d 1032 (8th Dist.), that: (1) the Clifton Park lot owners are direct beneficiaries of the Clifton Park Trust (2) that the Clifton Club, a social club, by reason of the club's status as a lot owner, is a direct beneficiary of the Clifton Park Trust (3) the members of the Clifton Club have a permissive right of access to the trust property beach that is derived from the Clifton Club's direct beneficiary status and (4) access to the trust property beach is regulated by the Trustees pursuant to the Trust terms. The trial court correctly determined that res judicata applies to appellants' claim that the Clifton Club members do not have a permissive right to access the trust property that the trustees lack authority to regulate access to the beach and that the use by the club members is a public use requiring unanimous consent of the Clifton Park lot owners.