Riddick v. MLS Homes, L.L.C.

Citations

• 2020 Ohio 897

Syllabus

DECLARATORY JUDGMENT – CIV.R. 12(B)(6) – SUMMARY JUDGMENT: Where the declaratory-judgment action involved a dispute between two private property owners and where the city of Cincinnati and plaintiff did not have adverse legal interests, the trial court did not abuse its discretion in granting the city's Civ.R. 12(B)(6) motion to dismiss plaintiff's complaint after determining that no justiciable dispute existed between the city and plaintiff. Where genuine issues of material fact exist as to whether Vandalia Avenue, which is a paved area that is owned by defendant and runs in front of plaintiff's residence, qualifies as a street under Cincinnati Municipal Code 1401-01-S12, the trial court erred in granting summary judgment to defendant on plaintiff's claim for a declaratory judgment that Vandalia Avenue constitutes a street and that plaintiff is entitled to use it for any legal purpose.