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City of Cleveland v. Paramount Land Holdings

October 20, 2011

CITY OF CLEVELAND PLAINTIFF-APPELLEE
v.
PARAMOUNT LAND HOLDINGS, LLC DEFENDANT-APPELLANT



JUDGMENT: AFFIRMED Criminal Appeal from the City of Cleveland Municipal Court Case Nos. 08 CRB 41885, 08 CRB 37072, 09 CRB 04261, & 09 CRB 03590

The opinion of the court was delivered by: Patricia Ann Blackmon, P.J.:

Cite as Cleveland v. Paramount Land Holdings, L.L.C.,

[Please see vacated opinion at 2011-Ohio-5254.]

JOURNAL ENTRY AND OPINION

BEFORE: Blackmon, P.J., Keough, J., and E. Gallagher, J.

ON RECONSIDERATION*fn1

{¶1} In this consolidated appeal, appellant Paramount Land Holdings, LLC ("Paramount") appeals the trial court's denial of their motion to vacate and assigns the following errors for our review:

"I. The housing court denied appellant its due process rights by denying appellant an opportunity to respond to the housing court's contempt citation in a formal hearing."

"II. The housing court imposed contempt sanctions in excess of the statutorily defined limits."

"III. The total fine constitutes an excessive fine in violation of the defendant's rights as guaranteed by the Eights Amendment to the United States Constitution and Section 9 Article 1 of the Ohio

Constitution."

{¶2} Having reviewed the record and pertinent law, we affirm the trial court's decision. The apposite facts follow.

{¶3} Between September 15, 2008 and February 20, 2009, the City of Cleveland's Department of Health ("the City") issued separate minor misdemeanor citations, in Case Numbers 08-CRB-37072, 08-CRB-41885, 09-CRB-03590, and 09-CRB-04261 for health code violations related to four of Paramount's properties.

The City served Paramount with the summons and complaints, but Paramount failed to appear at the arraignments.

{ΒΆ4} The trial court continued the cases to its corporate docket, but Paramount again failed to appear. As a result of Paramount's continued failure to appear, despite being duly served between May 19, 2009 and August 10, 2009, the trial court scheduled show cause hearings in the respective cases. Because Paramount failed to appear at any of the show ...


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