State ex rel. Obojski v. Perciak

866 N.E.2d 1070, 113 Ohio St. 3d 486
CourtOhio Supreme Court
DecidedJune 6, 2007
DocketNo. 2006-2121
StatusPublished
Cited by26 cases

This text of 866 N.E.2d 1070 (State ex rel. Obojski v. Perciak) 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
State ex rel. Obojski v. Perciak, 866 N.E.2d 1070, 113 Ohio St. 3d 486 (Ohio 2007).

Opinion

Per Curiam.

{¶ 1} This is an appeal from a judgment dismissing a complaint for a writ of mandamus (1) to declare void, invalid, and illegal a resolution of the city of Strongsville, Ohio, and an agreed judgment entry resolving a pending common pleas court case, (2) to permanently enjoin the city and its mayor as well as the common pleas court judge from implementing the resolution and the judgment entry, and (3) to compel the common pleas court judge to vacate the judgment entry in accordance with a court of appeals’ mandate. We affirm the judgment of the court of appeals.

{¶ 2} Visconsi-Royalton, Ltd. and Aveni-Miller, Ltd., L.L.C., are the owners of approximately 48 acres of land in appellee city of Strongsville, Ohio. According to court opinions from the long history of this litigation, the property was zoned as follows: approximately five acres were classified as motorist service district, nine acres as office business district, and the remaining 34 acres as single-family residential. See Visconsi-Royalton, Ltd. v. Strongsville, Cuyahoga App. No. 83128, 2004-Ohio-4908, 2004 WL 2071522, ¶ 2. After city officials denied the owners’ request to have most of their property rezoned to the general business classification to permit them to build hotels, restaurants, offices, a theater, and [487]*487other retail facilities, the owners filed an action in the Cuyahoga County Common Pleas Court for a declaration that the existing zoning on their property was unconstitutional. Id. at ¶ 2-3; see, also, Visconsi-Royalton, Ltd. v. Strongsville (2001), 146 Ohio App.3d 287, 289, 765 N.E.2d 971.

{¶ 3} The parties to the case entered into a settlement agreement to rezone the property to the “general business” and “public facilities” classifications. Id. at 289, 765 N.E.2d 971. The agreement, however, was contingent upon the electorate’s approving the rezoning of the residential property to general business, and the electors rejected the proposed rezoning on November 7, 2000. Id. at 289, 765 N.E.2d 971; Visconsi-Royalton, 2004-Ohio-4908, 2004 WL 2071522, ¶ 3.

{¶ 4} The common pleas court then entered a judgment finding the existing zoning on the property to be unconstitutional and rezoned the property in accordance with the parties’ previous agreement. See Visconsi-Royalton, 146 Ohio App.3d 287, 765 N.E.2d 971. On appeal, however, the court of appeals reversed and remanded the cause to the common pleas court. On remand, the common pleas court held the existing zoning on the property to be constitutional. See Visconsi-Royalton, 2004-Ohio-4908, 2004 WL 2071522, ¶ 7.

{¶ 5} On appeal, in September 2004, the court of appeals reversed the judgment of the common pleas court and remanded the cause to that court for further proceedings consistent with the opinion. See id. The court of appeals held that the common pleas court’s finding that the existing zoning of the property was constitutional was against the manifest weight of the evidence and instructed the common pleas court to determine whether the unconstitutional residential zoning denied the owners economically viable use of their land:

{¶ 6} “The trial court is hereby directed to determine whether the R-l-75 single-family zoning of the Visconsi property denies the owners economically viable use of the land. In addition, if the trial court finds a denial of the economically viable use of the land, it is to permit the owners to introduce evidence of the compensation to which they are entitled by reason of the deprivation caused by their inability to devote the property to profitable use.” Id. at ¶ 37.

{¶ 7} On remand, the owners and the city agreed to settle the litigation, and appellee Cuyahoga County Common Pleas Court Judge Peter J. Corrigan entered a judgment on June 7, 2005, which incorporated the parties’ agreement. Under the terms of the entry, signed by the owners and the city, the owners would be permitted to engage in primarily general business uses, with the condition that 17 acres remain in their natural state to serve as a buffer to nearby residential properties. Strongsville adopted Resolution No. 2005-128, which approved the entry and authorized the law director and special counsel to execute the entry on behalf of the city.

[488]*488{¶ 8} On June 9, 2005, shortly after the common pleas court had entered the agreed judgment entry, appellants — -three residents and taxpayers of Strongsville — demanded that the law director have Resolution No. 2005-128 “declared invalid, void, unconstitutional and an abuse of the City’s corporate powers” and that he “restrain and enjoin the City officials * * * from entering into or implementing Resolution 2005-128.”

{¶ 9} Three months later, appellants filed a complaint in mandamus in the court of appeals naming appellees, the city and its mayor and Judge Corrigan, as respondents. Appellants requested the following relief: (1) a declaration “[t]hat Resolution No. 2005-128 and the Judgment Entry attached to it [are] void, invalid, in violation of the City’s Charter and an abuse of corporate powers of the City and in violation of the laws of the State of Ohio,” (2) an order permanently enjoining appellees “from taking any action to implement Ordinance No. 2005-128 and the Judgment Entry,” (3) a writ of mandamus instructing appellees “to abide by the Charter and Ordinances of the City mandating procedures requiring the submission of the zoning change to both the Planning Commission and electors,” (4) a writ of mandamus ordering the city to abide by the court of appeals’ mandate in Visconsi-Royalton, 2004-Ohio-4908, 2004 WL 2071522, “to follow the Comprehensive Plan and its amendments with regard to the zoning modification,” (5) a writ of mandamus ordering the common pleas court to vacate the agreed judgment entry, “which failed to abide by the Comprehensive Plan” and the court of appeals’ mandate, and (6) a writ of mandamus ordering the court of appeals to remand the case “to the electors of the City of Strongsville and to abide by the Charter and Ordinances.” Appellees filed motions to dismiss the mandamus complaint, and appellants filed memoranda in opposition.

{¶ 10} The court of appeals granted appellees’ motions and dismissed the mandamus complaint. State ex rel. Obojski v. Perciak, Cuyahoga App. No. 87007, 2006-Ohio-5238, 2006 WL 2831027.

{¶ 11} This cause is now before us upon appellants’ appeal as of right.

Mandamus in the Nature of a Declaratory Judgment and Prohibitory Injunction

{¶ 12} In their mandamus complaint, appellants primarily requested that the resolution and agreed judgment entry implementing the settlement of the litigation between Strongsville and the landowners be declared void and that the city and its mayor as well as Judge Corrigan be enjoined from implementing the resolution and judgment entry.

{¶ 13} It is axiomatic that “if the allegations of a complaint for a writ of mandamus indicate that the real objects sought are a declaratory judgment and a prohibitory injunction, the complaint does not state a cause of action in manda[489]

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Cite This Page — Counsel Stack

Bluebook (online)
866 N.E.2d 1070, 113 Ohio St. 3d 486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-obojski-v-perciak-ohio-2007.