Twang, L.L.C. v. Cincinnati

Citations

• 2024 Ohio 6077

Syllabus

DECLARATORY JUDGMENT — PRELIMINARY INJUNCTION — EVIDENCE — EXPERT REPORT — DUE PROCESS – NOTICE – HEARING – IRREPARABLE HARM: The trial court did not abuse its discretion when it excluded plaintiff's experts from testifying at the preliminary-injunction hearing because plaintiff disclosed the identify of its experts to the defendants without providing an expert report two days before the hearing and plaintiff rejected the trial court's offer to continue the hearing to produce expert reports. The trial court did not abuse its discretion when it denied plaintiff property owner's request for a preliminary injunction because plaintiff property owner (1) failed to establish a likelihood that it would prevail on the merits of its claims that defendant municipality failed to apprise and afford plaintiff property owner a predeprivation hearing in violation of plaintiff property owner's rights because defendant municipality informed plaintiff property owner of its intent to repair a building on plaintiff property owner's real property more than 30 days before beginning the repairs, plaintiff property owner failed to appeal the initial orders and notices of violations of the unsafe conditions and plaintiff property owner was afforded an informal predeprivation hearing with defendant municipality, and defendant municipality's notices reflect emergency circumstances necessitating prompt action; (2) any depreciation in value of plaintiff property owner's real property caused by the repairs does not rise to irreparable harm when the plaintiff property owner desires to sell or demolish the historic structure on the property; (3) enjoining the repair of a deteriorating structure is contrary to third-party interests when the repairs would protect innocent pedestrians from the threat of falling debris; and (4) the public's interest in preserving historic structures weighs against enjoining the repairs of a structure located in a historic district. The appellate court will not create