Slentz v. Hasington, L.L.C.

Ohio Court of Appeals·Decided July 13, 2026·No. 25 CA 0988·Published

Opinion

[Cite as Slentz v. Hasington, L.L.C., 2026-Ohio-2726.]

IN THE COURT OF APPEALS OF OHIO SEVENTH APPELLATE DISTRICT CARROLL COUNTY

SUSAN SLENTZ et al.,

Plaintiffs-Appellees,

v.

HASINGTON, LLC,

Defendant-Appellant.

OPINION AND JUDGMENT ENTRY Case No. 25 CA 0988

Civil Appeal from the Court of Common Pleas of Carroll County, Ohio Case No. 2024 CVH 30609

BEFORE: Cheryl L. Waite, Carol Ann Robb, Katelyn Dickey, Judges.

JUDGMENT: Affirmed.

Atty. Robert E. Soles Jr., Atty. Kara Dodson, and Atty. Robert E. Soles, III, Law Offices of Robert E. Soles, Jr., Co., LPA, for Plaintiffs-Appellees

Atty. Jeffrey R. Jakmides, for Defendant-Appellant

Dated: July 13, 2026 –2–

WAITE, P.J.

{¶1} Appellant Hasington, LLC appeals a November 19, 2025 judgment entry of

the Carroll County Court of Common Pleas granting summary judgment in favor of

Appellees Susan Slentz et al. Appellant raises both a procedural and substantive

argument challenging the trial court’s decision requiring it to remove a shed partially

encroaching on Appellees’ property. Appellant LLC is actually comprised of a single

attorney who represented herself pro se before the trial court. It contends the decision of

the court to deny a motion for an indefinite continuance or a second lengthy continuance

was an abuse of the court’s discretion. In the alternative, Appellant LLC argues that the

trial court erred in granting summary judgment in favor of Appellees and requiring it to

remove the shed. However, the court was well within its discretionary powers to deny the

continuance in this matter and, based on the evidence in this record, there is no question

of fact in this matter on which Appellant can prevail, and Appellees are entitled by law to

the relief sought. For the reasons provided, Appellant’s arguments are without merit and

the judgment of the trial court is affirmed.

Factual and Procedural History

{¶2} The subject matter of this dispute involves a shed that encroaches over the

neighboring property line. On appeal, Appellant challenges not only the substantive

decision of the court pertaining to the shed, but also procedurally challenges the court’s

scheduling orders.

Case No. 25 CA 0988 –3–

{¶3} Again, Appellant LLC is solely owned by one attorney, Hwa Lumley. Lumley

represented the LLC in this matter at the trial court level. While Lumley undertook to

represent her LLC in the trial court, newly hired counsel represents Appellant on appeal.

{¶4} Appellant and Appellees each own real property on parcels that were

originally separated by an alley, twelve feet in width, that was owned by the Village of

Minerva (“Village”). Appellant owns the property located at 103 W. Plain St. (Plat 56).

Appellees own the property located at 101 W. Plain St. (Plat 57). The Village-owned alley

ran in between both properties, which are located next to each other. The alley continued

past these properties, through the middle of two plats located behind Appellant and

Appellees, both owned by James L. Van Pelt. The four properties created a square, with

the alley running directly through the middle. The alley appears to have started at the

front acreage of W. Plain St. and ended at the street abutting Van Pelt’s front acreage.

The Van Pelt properties are not at issue in this appeal.

{¶5} Appellant had leased its property to a renter, however, the record does not

reflect how long the property was rented. At some unknown date, Appellant, or its

predecessor in title, constructed a shed towards the back end of the alley. Appellant’s

renters used the alley as a driveway. The shed is located in the exact middle of the alley’s

width, and at the back of its property line, near the Van Pelt line but not encroaching on

that property. It is unclear whether Appellees ever used this alley. From a black and

white photograph attached to the complaint, the alley appears to have a surface

consisting of neatly installed bricks, but there is no indication as to when these were

installed or by whom. The shed has a garage door and is made of wooden or vinyl siding,

in overall fair to good condition.

Case No. 25 CA 0988 –4–

{¶6} On June 28, 2023, the Village vacated the alley, awarding one-half of the

width (six feet) to both Appellant and Appellees, and six feet to each of Van Pelt’s two

properties. Hence, each of the parties, here, own half of the alley as it runs along their

former property line.

{¶7} In vacating the alley, the Village created four new plats. Relevant to this

appeal, six feet in width abutting Appellant’s property became Plat 56-A and the remaining

six feet in width abutting Appellees’ property became Plat 57-A.

{¶8} Shortly after the Village vacated the alley, Appellees demanded that the

shed, which encroached on their newly obtained property, be removed. The parties

became contentious, with Appellees allegedly threatening to cut the shed in half, leading

to the instant action.

{¶9} On November 12, 2024, Appellees filed a complaint against Appellant.

Within the complaint, Appellees raised two claims: trespass, seeking a permanent

injunction, and ejectment, seeking a preliminary and permanent injunction. Appellant filed

an answer and a counterclaim asserting the existence of a prescriptive easement and

raising the issue of unclean hands. Shortly thereafter, the trial court judge recused and

the Ohio Supreme Court appointed a visiting judge.

{¶10} According to Appellant, on April 14, 2025, a pretrial conference was held

where Appellant’s counsel (Lumley) informed the court and opposing side that she would

be travelling to Korea to begin in vitro fertilization (“IVF”) treatment. Lumley told both

opposing counsel and the court that she would need to be in Korea for two to three

months. This conference was apparently not recorded and no transcripts have been filed.

However, a judgment entry dated April 15, 2025 does provide the following:

Case No. 25 CA 0988 –5–

[T]he parties have requested the Court issue Scheduling Orders for

the filing and consideration of the Cross Motions for Summary Judgement,

and defer the scheduling of a Bench Trial relating to the Injunctive Relief

Claims and Counterclaims and Jury Trial relating to the Monetary

Damages Claims and Counterclaims.

(4/15/25 J.E.) The order also set filing deadlines. Cross motions for summary judgment

were to be filed by October 1, 2025. Any motions in opposition were to be filed by October

29, 2025, and reply briefs, if any, had a deadline of November 12, 2025.

{¶11} It appears from Appellant’s brief that she arrived in Korea in May of 2025.

On May 21, 2025, Appellees filed a motion for summary judgment, which Appellant’s

counsel apparently did not receive. When the court informed Appellees that it would not

consider the motion due to its earlier scheduling order, on July 10, 2025, Appellees filed

a motion seeking to accelerate the scheduling calendar.

{¶12} On July 17, 2025, the court responded to Appellees’ motion by accelerating

the scheduling calendar. Of significance, the judge determined the court:

FINDS that the Interim Scheduling Orders issued by Judgment Entry

filed 04/15/2025 provided for the filing of Dispositive Motions by 10/01/2025,

primarily because legal counsel for the Defendant apprised legal counsel

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