Clifton v. Village of Blanchester

2012 Ohio 780, 131 Ohio St. 3d 287
CourtOhio Supreme Court
DecidedMarch 1, 2012
Docket2010-1196
StatusPublished
Cited by37 cases

This text of 2012 Ohio 780 (Clifton v. Village of Blanchester) 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
Clifton v. Village of Blanchester, 2012 Ohio 780, 131 Ohio St. 3d 287 (Ohio 2012).

Opinions

Lundberg Stratton, J.

I. Introduction

{¶ 1} The issue before the court is whether a property owner has standing to compel a government entity to initiate appropriation proceedings for an alleged regulatory taking when the affected property lies outside the limits of the government entity. Because we hold that a property owner does not have standing to bring such a claim, we affirm the judgment of the court of appeals.

II. Facts and Procedural History

{¶ 2} J & M Precision Machining, Inc. (“J & M”) owns 23 acres of property in Clinton and Warren Counties. Robert Clifton, appellant, testified that prior to 1989, approximately two acres of J & M’s property was zoned “roadside business” and contained a house and barn. Clifton also testified that J & M had operated a machine shop on its property since the 1970s.

{¶ 3} In 1993, Clifton purchased approximately 99 acres of property that is contiguous to J & M’s property. Clifton testified that his property is zoned for agricultural and residential use. Clifton has farmed this property since he purchased it in 1993 and has usually made a profit in doing so.

{¶ 4} In 1997, Clifton sold approximately two acres to J & M pursuant to a contract, which indicated that J & M would use the property for drainage for its factory operation.

[288]*288{¶ 5} Clifton testified that in 1998, Clinton County rezoned eight acres of J & M’s 23 acres to “business industrial,” which included the two acres that had previously been zoned “roadside business.” Clifton testified that the operation of the machine shop made no noticeable noise.

{¶ 6} In 2002, appellee, the village of Blanchester, annexed J & M’s entire 23-acre parcel and rezoned all 23 acres for “general industrial” use. Because Clifton’s property is not within the village’s corporate limits, the rezoning did not apply to his 97-acre parcel.

{¶ 7} On March 29, 2002, Clifton filed a complaint and notice of an administrative appeal regarding the rezoning of J & M’s property. Clifton alleged that the rezoning of J & M’s property was unconstitutional and that the rezoning resulted in a taking of his property. The court dismissed Clifton’s administrative appeal.

{¶ 8} The village filed a motion for summary judgment as to Clifton’s remaining claims, which the court granted in part and denied in part. The trial court found that Clifton had not presented evidence that the rezoning of J & M’s property was unconstitutional and granted summary judgment to the village on this issue. However, the court also concluded that Clifton had raised a genuine issue of fact as to whether the rezoning resulted in a taking of his property and denied the village summary judgment on that issue. Subsequently, Clifton voluntarily dismissed his complaint.

{¶ 9} On April 3, 2006, Clifton refiled a complaint alleging that the rezoning of J & M’s property had resulted in a regulatory taking of his property without just compensation. Specifically, the complaint alleged that the rezoning of J & M’s property interfered with the enjoyment of his property and resulted in a diminution in its value. The trial court granted summary judgment to the village, finding that the village’s rezoning of J & M’s property did not result in a taking of Clifton’s property, because his property retained economic value.

{¶ 10} The court of appeals affirmed the decision that the rezoning did not result in a total taking of Clifton’s property. Clinton App. No. CA2007-09-040, 2008-Ohio-4434, ¶ 12, 14. However, the court found that the trial court had failed to inquire as to whether the rezoning resulted in a partial taking under Penn Cent. Transp. Co. v. New York (1978), 438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631. Id. at ¶ 13. Thus, the court of appeals affirmed in part and reversed in part and remanded to the trial court to undertake a partial-taking analysis under Penn Central.

{¶ 11} While the case was pending on remand, the village filed a motion for reconsideration, alleging that the court of appeals had erred in remanding the case for a Penn Central analysis and that Clifton lacked standing to bring a taking claim in the first place. The court of appeals granted the village’s motion [289]*289in part and ordered the trial court to also consider the issue of standing on remand. (Nov. 3, 2008), Clinton App. No. CA2007-09-040.

{¶ 12} On remand, the trial court granted summary judgment to the village, finding that Clifton had no standing to bring a takings claim and that even if he had, the rezoning of J & M’s property did not result in a partial taking of Clifton’s property. The court of appeals affirmed the trial court’s judgment. Clinton App. No. CA2009-07-009, 2010-Ohio-2309, ¶ 7-8.

{¶ 13} Clifton’s appeal is before this court pursuant to the acceptance of his discretionary appeal. 126 Ohio St.3d 1597, 2010-Ohio-4928, 935 N.E.2d 44.

III. Analysis

{¶ 14} Clifton’s first proposition asserts that a nonresident contiguous property owner has standing to litigate a claim for a partial regulatory taking against an adjacent political subdivision. Clifton’s second proposition asserts that a partial-taking claim based upon significant negative economic impact does not fail as a matter of law even though the regulatory action does not deprive the claimant of all economically viable use of his property. Because our resolution of the standing issue is dispositive, there is no need for us to address Clifton’s second proposition regarding a takings claim.

A. Standing Generally

{¶ 15} “It is well established that before an Ohio court can consider the merits of a legal claim, the person seeking relief must establish standing to sue.” State ex rel. Ohio Academy of Trial Lawyers v. Sheward (1999), 86 Ohio St.3d 451, 469, 715 N.E.2d 1062. “ ‘Standing’ is defined at its most basic as ‘[a] party’s right to make a legal claim or seek judicial enforcement of a duty or right.’ ” Ohio Pyro Inc. v. Ohio Dept. of Commerce, 115 Ohio St.3d 375, 2007-Ohio-5024, 875 N.E.2d 550, ¶ 27, quoting Black’s Law Dictionary (8th Ed.2004) 1442. “ ‘ “[T]he question of standing depends upon whether the party has alleged such a ‘personal stake in the outcome of the controversy * * * ’ as to ensure that ‘the dispute sought to be adjudicated will be presented in an adversary context and in a form historically viewed as capable of judicial resolution.’ ” ’ ” Id., quoting State ex rel. Dallman v. Franklin Cty. Court of Common Pleas (1973), 35 Ohio St.2d 176, 178-179, 64 O.O.2d 103, 298 N.E.2d 515, quoting Sierra Club v. Morton (1972), 405 U.S. 727, 732, 92 S.Ct. 1361, 31 L.Ed.2d 636, quoting Baker v. Carr (1962), 369 U.S. 186, 204, 82 S.Ct. 691, 7 L.Ed.2d 663, and Flast v. Cohen (1968), 392 U.S. 83, 101, 88 S.Ct. 1942, 20 L.Ed.2d 947.

B. Standing to Challenge Government Action

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Bluebook (online)
2012 Ohio 780, 131 Ohio St. 3d 287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clifton-v-village-of-blanchester-ohio-2012.