Mt. Pleasant Blacktopping Co., Inc. v. Inverness Group, Inc.

Citations

• 2025 Ohio 284

Syllabus

COLLATERAL ESTOPPEL – MOTION TO DISMISS – CIV.R. 12(B)(7) – JOINDER – CIV.R. 19 – DECLARATORY JUDGMENT – R.C. 2721.12 – NECESSARY PARTIES – CONTRACTS – BREACH OF CONTRACT – SUBSTANTIAL PERFORMANCE – EXCUSE – SECURITY SEWAGE – IMPOSSIBILITY – REGULATORY IMPOSSIBILITY – GOOD FAITH – REMEDIES – DAMAGES: A prior determination by a federal court that a county regulation was not so \arbitrary and capricious\ as to defy the Due Process Clause of the Federal Constitution did not collaterally estop plaintiff from litigating the entirely distinct issue of whether the county's application of the same regulation was \arbitrary\ and therefore unforeseeable, so as to excuse plaintiff's contractual performance, regardless of similarities in terminology.