U.S. Bank Natl. Assn. v. Cincinnati

Citations

• 2019 Ohio 1866

Syllabus

MUNICIPAL – IMMUNITY – LANDLORD/TENANT –JURISDICTION: Where the landlord city and lessees had entered into a lease pursuant to an urban renewal project, landlord city's operation of buildings used in connection with the urban renewal project through lease enforcement fell within the ambit of governmental function. Landlord city was immune from lessees' equitable defenses, which alleged that the city had waived its rights to enforce certain lease provisions by failing to assert them for over 20 years, because the city was engaged in a governmental function in enforcing a lease entered into under an urban renewal project. Lessees' appeal from the trial court's grant of partial summary judgment in favor of landlord city did not divest the trial court of jurisdiction to enter a writ of possession and a writ of forcible entry and detainer where the trial court was enforcing its prior judgment. The trial court did not err in ordering lessees to turn over to the city items such as lease documents, alarm codes, elevator codes, and building keys, even though the city had not requested that specific relief, where lessees never made an argument as to why the city was not entitled to the relief, and where granting the relief effectuated the trial court's order of possession, and thus, was equitable under the circumstances.