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David Thomas v. Jim Bauschlinger

September 28, 2011

DAVID THOMAS APPELLANT
v.
JIM BAUSCHLINGER, ET AL. APPELLEES



APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CV 2010-09-6144

The opinion of the court was delivered by: Whitmore, Judge.

Cite as Thomas v. Bauschlinger,

ss:

DECISION AND JOURNAL ENTRY

{¶1} Plaintiff-Appellant, David Thomas, appeals from the judgment of the Summit County Court of Common Pleas, granting summary judgment in favor of Defendant-Appellees, the City of Barberton and its Building Commissioner, Thomas Bauschlinger (collectively "Barberton"). This Court reverses.

I

{¶2} In August 2008, Barberton demolished a structure located at 1277 ½ Prospect Street. Thomas purchased the 1277 Prospect Street property in late October 2008 from the previous owner, RBS Citizens Bank. The fall of the following year, Barberton passed an ordinance certifying the costs of the demolition to the county auditor. In 2010, Thomas was assessed the costs of the demolition that took place on the property prior to his purchase.

{¶3} On September 9, 2010, Thomas filed suit against Barberton, seeking to recover the $2,626 assessment he paid for the demolition.*fn1 Barberton filed a motion for summary judgment on February 9, 2011, and Thomas filed a memorandum in opposition shortly thereafter. On March 3, 2011, the trial court granted summary judgment in favor of Barberton.

{¶4} Thomas now appeals from the trial court's judgment and raises six assignments of error for our review. For ease of analysis, we consolidate the assignments of error.

II

Assignment of Error Number One

"THE TRIAL COURT ERRORED (sic) IN FINDING THAT THE UNDERLYING FACTS IN THIS CASE WERE UNDISPUTED."

Assignment of Error Number Two

"TRIAL COURT ERRORED IN FINDING THAT DEFENDANTS HAD PROVIDED EVIDENCE DEMONSTRATED THAT ACTIONS OF DEFENDANTS ...


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