AAAA Enterprises, Inc. v. River Place Community Urban Redevelopment Corp.

553 N.E.2d 597, 50 Ohio St. 3d 157, 1990 Ohio LEXIS 176
CourtOhio Supreme Court
DecidedApril 18, 1990
DocketNo. 88-2021
StatusPublished
Cited by1,501 cases

This text of 553 N.E.2d 597 (AAAA Enterprises, Inc. v. River Place Community Urban Redevelopment Corp.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
AAAA Enterprises, Inc. v. River Place Community Urban Redevelopment Corp., 553 N.E.2d 597, 50 Ohio St. 3d 157, 1990 Ohio LEXIS 176 (Ohio 1990).

Opinions

Fain, J.

The issue we are called upon to decide in this case is whether, when the evidentiary material before the trial court is viewed in a light most favorable to the landowner, there is a genuine issue of material fact. In deciding this issue, it is appropriate for us to consider the proper standard of review for the trial court to use in reviewing the Columbus City Council’s determination that the project area was a “blighted area” for purposes of R.C. Chapter 1728.

For the reasons that follow, we conclude that the proper, standard of review for the trial court to use in this case is whether the Columbus City Council abused its discretion when it determined that the project area was a “blighted area.” When the evidence before the trial court is tested by that standard, we conclude that reasonable minds might reach different conclusions concerning whether the Columbus City Council abused its discretion in making that determination.

I

The city contends that the determination of its city council that the project area was a “blighted area” for purposes of R.C. Chapter 1728 was a legislative determination, and that, as such, it can only be overturned judicially upon a finding that the city council’s decision represented “perversity of will, passion, prejudice, partiality, or moral delinquency.” In support of its contention, the city cites State, ex rel. Shafer, v. Ohio Turnpike Comm. (1953), 159 Ohio St. 581, 50 O.O. 465, 113 N.E. 2d 14, and State, ex rel. Commercial Lovelace Motor Freight, Inc., v. Lancaster (1986), 22 Ohio St. 3d 191, 22 OBR 275, 489 N.E. 2d 288.

Significantly, both of the cases cited by the city involved applications for writs of mandamus, where the relator must establish his clear entitlement to the relief requested, and neither case involved an assertion of a constitutional right. Both of these cited cases simply involved claims that an administrative agency of the state had acted in an arbitrary and capricious manner, to the detriment of the relator.

In the case before us, the landowner is asserting, as a matter of constitutional right, that the city has no right to take its property through the exercise of its power of eminent domain because for it to do so would be a taking of the landowner’s property for other than a public purpose (which in effect would be a violation of both Section 19, Article I of the Ohio Constitution and the Fifth and Fourteenth Amendments to the Constitution of the United States). The landowner also contends that the taking of its property for the purposes of this project would violate Sections 6 and 13, Article VIII of the Ohio Constitution.

At oral argument, the city conceded that its city council’s determination that the project was a “blighted area” was an essential predicate to its exercise of the power of eminent do[160]*160main to take the landowner’s property. Thus, in the circumstances of this case, the question whether the taking of the landowner’s property would be for a public purpose, as required by both the Ohio and United States Constitutions, is embedded in the question of whether the project area is a “blighted area.” If so, then the taking would be for a purpose that has properly been determined to be a public purpose — urban redevelopment. See Annotation (1972), 45 A.L.R. 3d 1096.

The authority of the courts to determine whether an action, even a legislative action, violates constitutional provisions has been unquestioned for many years. Indeed, the concept of judicial review of the constitutionality of legislative acts is a distinguishing feature of American jurisprudence.

If we were to accept the city’s contention that its city council’s determination that an area is a “blighted area” (with the necessary consequence being that its taking of property within that area through the exercise of the power of eminent domain would be for a public use, and would therefore satisfy constitutional requirements) can only be judicially overturned upon a finding that the city council’s decision constituted “perversity of will, passion, prejudice, partiality, or moral delinquency” — essentially a bad-faith standard — we would be abdicating the judicial responsibility to interpret constitutional provisions and to protect rights secured by those provisions, since any determination made in good faith, no matter how erroneous, would be effectively immune from judicial review. We must not abdicate the historic role of the courts in the protection of constitutional rights through the exercise of the power of judicial review.

On the other hand, a city council’s determination as to whether an area is a “blighted area” for purposes of R.C. Chapter 1728 necessarily involves the exercise of discretion. The definition of “blighted area,” contained in R.C. 1728.01(E), is as follows:

“ ‘Blighted area’ means an area within a municipality containing a majority of structures that have been extensively damaged or destroyed by a major disaster, or that, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, unsafe and unsanitary conditions which endanger lives or properties by fire or other hazards and causes, or that, by reason of location, in an area with inadequate street layout, incompatible land uses or land use relationships, overcrowding of buildings on the land, excessive dwelling unit density, or other identified hazards to health and safety, are conducive to ill health, transmission of disease, juvenile delinquency and crime and are detrimental to the public health, safety, morals and general welfare.”

The above-quoted definition necessarily involves the exercise of considerable discretion in any determination of whether a particular area is a “blighted area,” and it is not inappropriate for a city council, being concerned not only with the area itself, but also with the considerations of public policy involved in the definition, to exercise that amount of discretion in the first instance. Furthermore, given the importance of urban redevelopment, there is reason to give the definition of “blighted area” a liberal interpretation. See Annotation, supra, at 1106-1110.

We conclude that the proper standard for a trial court to use when reviewing a city council’s determination that an area is a “blighted area” [161]*161for purposes of R.C. Chapter 1728 and for the purpose of the exercise of the city’s power of eminent domain is an abuse-of-discretion standard.

“Abuse of discretion” has been defined as an attitude that is unreasonable, arbitrary or unconscionable. Huffman v. Hair Surgeon, Inc. (1985), 19 Ohio St. 3d 83, 87, 19 OBR 123, 126, 482 N.E. 2d 1248, 1252. It is to be expected that most instances of abuse of discretion will result in decisions that are simply unreasonable, rather than decisions that are unconscionable or arbitrary.

A decision is unreasonable if there is no sound reasoning process that would support that decision. It is not enough that the reviewing court, were it deciding the issue de novo, would not have found that reasoning process to be persuasive, perhaps in view of countervailing reasoning processes that would support a contrary result.

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Cite This Page — Counsel Stack

Bluebook (online)
553 N.E.2d 597, 50 Ohio St. 3d 157, 1990 Ohio LEXIS 176, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aaaa-enterprises-inc-v-river-place-community-urban-redevelopment-corp-ohio-1990.