Hoskinson v. Lambert

913 N.E.2d 1001, 182 Ohio App. 3d 527
CourtOhio Court of Appeals
DecidedJune 1, 2009
DocketNo. 2008-CA-0124
StatusPublished
Cited by2 cases

This text of 913 N.E.2d 1001 (Hoskinson v. Lambert) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hoskinson v. Lambert, 913 N.E.2d 1001, 182 Ohio App. 3d 527 (Ohio Ct. App. 2009).

Opinion

Gwin, Presiding Judge.

{¶ 1} Plaintiff Joyce E. Hoskinson appeals a judgment of the Court of Common Pleas of Licking County, Ohio, entered in favor of defendants Darrel G. and Valerie S. Lambert. Appellant assigns six errors to the trial court:

{¶ 2} “I. The lower court erred in finding as a fact that North Bank Rd. Begins with access just west of St. Rt. 360 and travels east until it ends (and adjoins) Cottage St., which turns due north and ends at St. Rt. 79. The property at issue is located just west (sic) (east) where N. Bank Rd. ends and Cottage St. Begins.

{¶ 3} “II. The lower court’s finding that N. Bank Rd. did not continue east after crossing Cottage Street and that the 0.028 acre tract of land was located at that site was against the manifest weight of the evidence the judgment based thereon constituted prejudicial error as a matter of law.

{¶ 4} “HI. The village council had no power to enact a hybrid form of common law dedication containing conditions and contingencies in accepting and thereafter recording a plat that complied with the requirements of R.C. Chapter 711.01 et seq. And the lower court erred as a matter of law in enforcing such impotent conditions and contingencies.

{¶ 5} “IV. The failure of the lower court to find that the village became vested with title to the real estate that constituted North Bank Rd. As mandated by Chapter 711.01 et seq. As interpreted by the Ohio Supreme Court and two district court of appeals constituted an abuse of discretion and was prejudicial as a matter of law.

{¶ 6} “V. The tribunal below erred in failing to find that the exception of right of ways of record precluded the quit claim deed from terminating Hoskinson’s common law right of way in the private road and/or her subsequent rights after the plat of Rosebraugh Addition No. 3 was filed in accordance with Ohio Rev.Code Chapter 711.

[529]*529{¶ 7} “VI. The taking of appellant-plaintiffs right-of-way by refusing to follow the statutory and case law of Ohio violated the due process clauses of the Ohio and federal constitutions and was prejudicial as a matter of law.”

{¶ 8} This case began as an action to quiet title to a parcel of land approximately .028 acre in size in the Village of Buckeye Lake, Licking County, Ohio. Buckeye Lake, the Lamberts, and other owners of adjacent land were defendants, but only the Lamberts participated in the bench trial before a magistrate. The magistrate made findings of fact and conclusions of law.

{¶ 9} The magistrate found that prior to 1988, five persons owned parcels of land comprising the village. Before the village acquired the property, the individual property owners were responsible for providing public services for the home owners residing on their land, including maintaining private streets and providing seasonal services such as snow removal.

{¶ 10} In 1988, the village began acquiring land from four of the five owners, including the property at issue, the Rosebraugh Addition. The property was originally platted on October 15, 1988, and was dedicated for public use to the village on February 8, 1990 by Alice L. Rosebraugh. Some of the streets depicted on the plat maps were specifically dedicated to the village, including North Bank Road and Cottage Street. Certain other streets remained private. The magistrate found that North Bank Road begins just west of State Route 360 and travels east until it ends and adjoins Cottage Street, which turns due north and ends at State Route 79. The property at issue lies to the east of the intersection of North Bank Road and Cottage Street.

{¶ 11} On the recorded plat, this property appears as a narrow band of land roughly rectangular in shape, bordered on the north, east, and south by residential lots, and on the west by the junction of North Bank Road and Cottage Street. To the west the property is the same width as the intersection, and there is no dividing line between the property and North Bank Road. Appellees the Lamberts own the property immediately south of the disputed property, and appellant own the lot adjacent to the Lamberts’ and east of the property in question. On the plat, the Lamberts’ land abuts the disputed strip of land only on the south side, while appellant’s property abuts the east end and is wider than the strip. Appellant argues the disputed property is a continuation of North Bank Road.

{¶ 12} The Buckeye Lake Village Council passed Resolution 90-09 on April 2, 1990. The Resolution stated: “Section 6: with [sic] 60 days of the date herein, being Monday, April 2, 1990, the streets must be in a condition making them passable for vehicular traffic. Ohio Power Pole # 38 must be removed from the right-of-way, all speeds bumps must be removed, and a split-rail fence on the Foust property be removed back to his property line which is presently approxi[530]*530mately 4 feet into the right-of-way, and all streets must be paved to a width of 14 feet with chip and seal. Council shall be the final judge for determining whether or not the streets are to be accepted, however, the plat is accepted as of this date subject to the contingencies above stated.” The resolution was subsequently recorded and noted on the plat.

{¶ 13} The magistrate found that it was unclear when the contingencies were met, but the village had been maintaining both streets since 1990. At the time the above resolution was passed, the lot now belonging to the Lamberts was owned by the Rosebraugh heirs. On November 22, 1999, the Rosebraugh heirs executed a quit-claim deed transferring the disputed .028 acre of land to the Lamberts’ predecessor in title.

{¶ 14} The magistrate found that since 1990, the property has been a grassy area with bushes and a wooden fence. The magistrate found that the property was never considered part of either North Bank Road or Cottage Street, and the village had never maintained or improved the property.

{¶ 15} The magistrate found that a common-law dedication can be proven by showing (1) the existence of an intention on the part of the owner to make a dedication, (2) an actual offer on the part of the owner, and (3) acceptance of the offer by or on behalf of the public. The magistrate found that the Rosebraugh heirs intended to dedicate North Bank Road and Cottage Street to the village and offered the property to the village. The magistrate found that the village accepted and maintained the improved area of North Bank Road and Cottage Street, but had not accepted the area in dispute because it did not meet the contingencies set out in the ordinance. The magistrate concluded that the title to the property never legally vested with the village and that the Rosebraugh heirs retained their interest in the property until they transferred it by quit claim deed, and the property passed through a succession of owners to the Lamberts.

{¶ 16} Appellant objected to the magistrate’s decision, and the court overruled the objections, finding, after making an independent review of the contested matters, that the magistrate properly determined the factual issues and properly applied the appropriate law. This appeal ensued.

I, II, III, IV, & V

{¶ 17} Appellant urges that the court’s decision is against the manifest weight of the evidence and is error as a matter of law.

{¶ 18} A reviewing court will not disturb the trial court’s decision as against the manifest weight of the evidence if the decision is supported by some competent, credible evidence. C.E. Morris Co. v. Foley Constr. Co.

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Related

Hoskinson v. Lambert
2011 Ohio 4616 (Ohio Court of Appeals, 2011)
Blake v. Home S. & L. Co.
2010 Ohio 2689 (Ohio Court of Appeals, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
913 N.E.2d 1001, 182 Ohio App. 3d 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hoskinson-v-lambert-ohioctapp-2009.