Court of Appeals of Ohio, Fifth District, Fairfield
from the Fairfield County Court of Common Pleas, Case No.
Plaintiff-Appellee: ROBERT E. KMIECIK GARRETT B. HUMES KAMAN
& CUSIMANO LLC
Defendants-Appellants: DAVE LACKEY SCHERNER, SYBERT &
Patricia A. Delaney, P.J. Hon. John W. Wise, J. Hon. Earle E.
Wise, Jr., J.
Defendants-appellants David Billiter et al. appeal from the
Entry dated June 2, 2017 and Consent Judgment Entry dated
June 28, 2017 of the Fairfield County Court of Common Pleas.
Plaintiff-appellee is the Heather Lake Association.
This case comes to us on the accelerated calendar. App.R.
11.1 governs accelerated-calendar cases and states in
(E) Determination and judgment on appeal. The appeal will be
determined as provided by App.R. 11.1. It shall be sufficient
compliance with App.R. 12(A) for the statement of the reason
for the court's decision as to each error to be in brief
and conclusionary form.
The decision may be by judgment entry in which case it will
not be published in any form.
One of the most important purposes of the accelerated
calendar is to enable an appellate court to render a brief
and conclusory decision more quickly than in a case on the
regular calendar where the briefs, facts, and legal issues
are more complicated. Crawford v. Eastland Shopping Mall
Assn., 11 Ohio App.3d 158, 463 N.E.2d 655 (10th
This appeal shall be considered in accordance with the
AND PROCEDURAL HISTORY
Appellee is a nonprofit corporation organized and existing
under the laws of the state of Ohio to provide a corporate
entity for the operation of 69 lots and homes located at the
Heather Lake community in Lancaster, Fairfield County. The
"Heather Glen Subdivision Declaration of Covenants,
Easements, Restrictions, and Assessment Lien"
["Declaration"] was filed on August 30, 1996, and
applied to Lots 1 through 22. Two months later, an amendment
was recorded which changed the name from "Heather Glen
Homeowners' Association" to "Heather Lake
On September 25, 1997, a second amendment to the Declaration
was recorded which added Lots 23 through 58 to the property
subject to the Declaration.
On June 27, 2001, appellants took title to Lot 37 located at
1967 Glenhurst Drive, Lancaster, Ohio. At that time, Article
I, Section 2(e) of the Declaration stated:
Vehicle. The Board may promulgate regulations restricting the
parking of automobiles, inoperable vehicles, trucks, boats,
and recreational vehicles on the Lots and Common Areas and,
to the extent not prohibited by law, the streets within the
subdivision, and may enforce such regulations or restrictions
by levying fines or enforcement charges, having such vehicles
towed away, or taking other such actions as it, in its sole
discretion, deems appropriate.
Appellee asserted in the trial court that pursuant to the
Declaration, the Association adopted a Design Review Manual
for Single Family Residential Development on May 12, 2001
("Design Review Manual"), regulating parking of
"Vehicles, Trailers, Boats, Commercial Vehicles and