DANIEL J. TALAREK, LORAIN COUNTY TREASURER, et al. Appellees
KENNETH A. WEAVER, et al. Appellants
FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
LORAIN, OHIO CASE No. 16TX006716
J. GARGASZ, Attorney at Law, for Appellants.
P. WILL, Prosecuting Attorney, and CHRIS A. PYANOWSKI,
Assistant Prosecuting Attorney, for Appellees.
DECISION AND JOURNAL ENTRY
S. CALLAHAN, JUDGE.
Appellants, Kenneth and Kellie Weaver, appeal from the
judgment of the Lorain County Common Pleas Court in favor of
Appellees, the Lorain County Treasurer ("the
Treasurer") and the Lorain County Land Reutilization
Corporation ("the Land Reutilization Corp."). For
the reasons set forth below, this Court affirms.
The Weavers were the titled owners of the real property
located at 1133 West 17th Street, in Lorain, Ohio (Permanent
Parcel Number 02-01-006-133-013) ("the Property").
In August 2007, the Weavers were certified as being
delinquent for the real estate taxes on the Property. The
structure on the Property was later condemned by the City of
Lorain. Pursuant to an agency agreement between the City of
Lorain and the Land Reutilization Corp., the Property was
demolished on April 3, 2013. Demolition costs in the amount
of $36, 547.07 were certified to the Lorain County Auditor on
May 6, 2013. As of 2016, the Weavers owed $60, 008.83 in
taxes, assessments (including the demolition cost),
penalties, and interest.
The Treasurer sought to foreclose on the delinquent real
estate taxes, assessments, penalties, and interest and to
transfer the Property to the Land Reutilization Corp. without
sale and free and clear of all liens, while the Land
Reutilization Corp. sought a personal judgment against the
Weavers for the demolition costs. The Weavers filed their
answer. In accordance with the briefing schedule, the
Treasurer and the Land Reutilization Corp. filed a summary
judgment motion and two affidavits. The Weavers filed a brief
in opposition and one affidavit, which was not executed. The
Treasurer and the Land Reutilization Corp. filed a reply
The trial court granted summary judgment on both claims in
favor of the Treasurer and the Land Reutilization Corp. and
against the Weavers. The trial court awarded the Treasurer an
in rem judgment in foreclosure based upon the delinquent real
estate taxes and ordered the Property foreclosed. The trial
court found the Property was abandoned, the Land
Reutilization Corp. wished to acquire the Property, and the
Treasurer had invoked the statutory alternative redemption
period. The Weavers had twenty-eight days after the judgment
to redeem the Property. Upon the Weavers' failure to
redeem, the Property was ordered to be directly transferred
to the Land Reutilization Corp. and all liens on the Property
were discharged. Additionally, the trial court ordered a
personal judgment in favor of the Land Reutilization Corp.
and against the Weavers for the demolition costs.
It is from this judgment that the Weavers appeal, raising
four assignments of error. The Weavers do not challenge the
foreclosure of the Property and only seek to reverse the
personal judgment awarded against them. To facilitate the
analysis, this Court will consolidate some of the assignments
OF ERROR NO. 1
TRIAL COURT COMMITTED PREJUDICIAL ERROR WHEN IT APPLIED R.C.
323.78 [AND] R.C. 5722.03 AND ORDERED DIRECT TRANSFER AND
A SIMULTANEOUS MONETARY JUDGMENT IN AN UNCONSTITUTIONAL
MANNER AND PERMITTED THE MACHINERY OF THE TAX COLLECTION
SYSTEM TO VITIATE THE PROTECTIONS AFFORDED [THE WEAVERS] BY
OHIO CONST[ITUTION, ] ART[ICLE] I[, SECTIONS] 1, 19, EQUAL
PROTECTION, AND DUE PROCESS PROTECTIONS AS PROVIDED BY THE
FIFTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES
CONSTITUTION[.] THE TRIAL COURT COMMITTED PREJUDICIAL ERROR
BY GRANTING SUMMARY JUDGMENT TO [THE TREASURER AND THE LAND
REUTILIZATION CORP.] AND IN SIMULTANEOUSLY ORDERING THE
DIRECT TRANSFER OF THE SUBJECT REAL PROPERTY TO THE [LAND
REUTILIZATION CORP.], A STATE AGENCY, UNDER R.C. 323.78
[AND] R.C. 5722.03 AND A $36, 547.07 PERSONAL JUDGMENT
AGAINST [THE WEAVERS].
OF ERROR NO. 2
"UNCONSTITUTIONAL TAKING" OF THE [WEAVERS']
PROPERTY, EVEN IF SEEMINGLY AUTHORIZED BY STATUTE, IS
CONSTITUTIONALLY PROHIBITED AS A DEPRIVATION OF PROPERTY
WITHOUT DUE PROCESS OF LAW, UNLESS THE "JUDICIALLY
ORDERED" TAKING COMPORTS WITH THE CONSTITUTIONAL
REQUIREMENTS OF THE OHIO CONST[ITUTION, ] ART[ICLE] I[,
SECTION] 1, 19 AND THE FIFTH AND FOURTEENTH AMENDMENTS TO THE
UNITED STATES CONSTITUTION[.] THE TRIAL COURT'S ORDERED
DIRECT TRANSFER AND MONETARY JUDGMENT IN THE INSTANT ...