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Photo of Shelby Co(Ohio)

Court

Shelby Co(Ohio)

Ohio

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Case Information

Filed 2024-11-06
Status Closed
Type Civil
Docket 24 entries
Disposition dismiss

Parties

Plaintiff Cook, Chris
Defendant Turtle Creek Township Trustees
Photo of Hon. STEVENSON JAMES F

Judge

Hon. STEVENSON JAMES F

Shelby County (OH)

Ohio

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Docket Entries

  1. COST BILL FILED.
  2. PRAECIPE / REQUEST FOR SERVICE FILED. 11/06/2024 04:33 PM Attorney: KERBER, GRANT D
  3. CIVIL COMPLAINT FILING FEE Receipt: 218535 Date: 11/07/2024
  4. SUMMONS ON COMPLAINT COSTS (N) SUMMONS ON COMPLAINT Sent On: 11/13/2024 11:24:46 Receipt: 219652 Date: 12/31/2024
  5. SERVICE BY CERTIFIED MAIL Issue Date: 11/13/2024 Service: SUMMONS W/CERT. COPY NOTICE OF APPEAL, RETURN REQUESTED Method: SERVICE BY CERTIFIED MAILER-RETURNABLE BY LAW Cost Per: 0.0000 TURTLE CREEK TOWNSHIP TRUSTEES Mailing Address 9700 CISCO RD. SIDNEY, OH 45365 Tracking Number: 9414726699042223741918
  6. SERVICE BY CERTIFIED MAIL Issue Date: 11/13/2024 Service: CERTIFIED COPY OF NOTICE OF APPEAL Method: SERVICE BY CERTIFIED MAILER-RETURNABLE BY LAW Cost Per: 0.0000 KIM EILERMAN DEFAULT ADDRESS TURTLE CREEK TOWNSHIP BOARD OF TRUSTEES 128 W RUSSELL ROAD SIDNEY, OH 45365 Tracking Number: 9414726699042223741925 Receipt: 219652 Date: 12/31/2024
  7. POSTAGE/COPIES/CERTFIED COPY(S) Receipt: 219652 Date: 12/31/2024
  8. 100% DISTRIBUTION TO CP ACCOUNT Receipt: 219652 Date: 12/31/2024
  9. SERVICE SUCCESSFUL Method : SERVICE BY CERTIFIED MAILER-RETURNABLE BY LAW Issued : 11/13/2024 Service : CERTIFIED MAILER ONLY Served : 11/15/2024 Return : 11/18/2024 on : EILERMAN, KIM Signed By : Reason : SUCCESSFUL Comment : SIGNED FOR BY KIM EILERMAN Tracking #: 9414726699042223741925
  10. MOTION ONLY FILED TO DISMISS ALONG WITH CERTIFICATE OF SERVICE. 11/21/2024 10:34 AM Attorney: DOYLE, MICHAEL P
  11. SERVICE UNSUCCESSFUL Method : SERVICE BY CERTIFIED MAILER-RETURNABLE BY LAW Issued : 11/13/2024 Service : SUMMONS W/CERT. COPY COMPLAINT, RETURN REQUESTED Served : Return : 11/27/2024 on : TURTLE CREEK TOWNSHIP TRUSTEES Signed By : Reason : CERTIFICATE OF MAIL UNSUCCESSFUL Comment : UNDELIVERABLE AS ADDRESSED Tracking #: 9414726699042223741918
  12. NOTICE OF FAILURE OF SERVICE ISSUED TO GRANT D KERBER. Receipt: 219652 Date: 12/31/2024
  13. RESPONSE FILED ALONG WITH CERTIFICATE OF SERVICE. TO DEFENDANT'S MOTION TO DISMISS eFiling submission date: 12/03/2024 08:33 AM Attorney: KERBER, GRANT D
  14. PRAECIPE / REQUEST FOR SERVICE FILED. AMENDED PRAECIPE FOR SERVICE TO DEFENDANT TURTLE CREEK TOWNSHIP TRUSTEES NOTICE OF APPEAL eFiling submission date: 12/03/2024 09:44 AM Attorney: KERBER, GRANT D
  15. SUMMONS ON COMPLAINT COSTS (N) SUMMONS ON COMPLAINT Sent On: 12/04/2024 14:22:31 Receipt: 219652 Date: 12/31/2024
  16. SERVICE BY CERTIFICATE OF MAIL BOOK Issue Date: 12/04/2024 Service: SUMMONS W/CERT. COPY COMPLAINT, RETURN REQUESTED Method: SERVICE BY CERT. OF MAIL BOOK-RETURNABLE BY LAW Cost Per: 0.0000 TURTLE CREEK TOWNSHIP TRUSTEES DEFAULT ADDRESS 128 W. RUSSELL ROAD SIDNEY, OH 45365 Tracking Number: 44444444444000002022
  17. 100% DISTRIBUTION TO CP ACCOUNT Receipt: 219652 Date: 12/31/2024
  18. POSTAGE/COPIES/CERTFIED COPY(S) Receipt: 219652 Date: 12/31/2024
  19. NOTICE FILED NOTICE OF FILING OF TRANSCRIPT OF PROCEEDINGS FILED ALONG WITH CERTIFICATE OF SERVICE 12/12/2024 02:16 PM Attorney: DOYLE, MICHAEL P
  20. (JUDGES USE ONLY)DECISION / ORDER ENTRY FILED. THE ABOVE CAPTIONED CASE IS BEFORE THIS COURT ON THE MOTION TO DISMISS FILED BY TURTLE CREEK TOWNSHIP OF AN APPEAL FILED BY COOK OF THE NUISANCE DETERMINATION AND ORDER OF TURTLECREEK TOWNSHIP TRUSTEES. THE COURT HAS BEFORE IT THE PLAINTIFF'S NOTICE OF APPEAL, THE TOWNSHIP MOTION TO DISMISS, THE RESPONSE OF COOK AND THE TRANSCRIPT OF THE PROCEEDINGS BEFORE THE TOWNSHIP. THE COURT NEED NOT ADDRESS THE ISSUES PRESENTED BY THE PARTIES AS THIS COURT IS OF THE OPINION THAT THE COURT DOES NOT HAVE SUBJECT MATTER JURISDICTION. DISCUSSION: THE ACTION OF THE TRUSTEES APPEARS TO BE A NUISANCE ACTION PURSUANT TO R.C. 505.87. ATTACHED TO COOK'S "NOTICE OF APPEAL IS A COPY OF THE TOWNSHIP "RESOLUTION DECLARING AND DETERMINING THE EXISTENCE OF A NUISANCE." THE RESOLUTION NOTES THAT IT IS FOLLOWING STEPS PURSUANT TO R.C. 505.87 THIS COURT RELIES ON THE THIRD DISTRICT COURT OF APPEALS DECISION IN GRATER V DAMASCUS TOWNSHIP TRUSTEES, (3RD) 2021 OHIO 1929 IN DETERMINING THAT THIS COURT DOES NOT HAVE SUBJECT MATTER JURISDICTION. IN GRATER THE COURT HELD ". . . BECAUSE PROCEEDINGS UNDER R.C. 505.87 ARE NOT QUASIJUDICIAL IN NATURE, THE TRUSTEES' NUISANCE DECLARATION WAS NOT A QUASI-JUDICIAL DETERMINATION. AS A RESULT, THE TRIAL COURT LACKED SUBJECT-MATTER JURISDICTION OVER GRATER'S ADMINISTRATIVE APPEAL AND IT THEREFORE ERRED BY REVIEWING THE TRUSTEES' NUISANCE DECLARATION" GRATER AT 23 THE THIRD DISTRICT RETURNED THE MATTER TO THE TRIAL COURT WITH DIRECTIONS TO THE TRIAL COURT TO DISMISS THE ADMINISTRATIVE APPEAL FOR LACK OF SUBJECT MATTER JURISDICTION. THE THIRD DISTRICT DID NOTE THERE MAY BE REMEDIES AVAILABLE TO PLAINTIFF, SEE FOOTNOTE #4 OF THE GRATER DECISION, BUT NOT BY APPEAL. CONCLUSION: ACCORDINGLY, THIS COURT FINDS IT DOES NOT HAVE SUBJECT MATTER JURISDICTION AND DISMISSES THIS ACTION. COSTS CHARGED TO PLAINTIFF. COPIES TO COUNSEL OF RECORD. IT IS SO ORDERED. eFiling submission date: 12/24/2024 10:49 AM Applies To: COOK, CHRIS (Plaintiff); TURTLE CREEK TOWNSHIP TRUSTEES (Defendant); KERBER, GRANT D (Attorney) on behalf of COOK, CHRIS (Plaintiff); SELL, TIMOTHY (Attorney) on behalf of TURTLE CREEK TOWNSHIP TRUSTEES (Defendant) BD 12/27/2024 Receipt: 219652 Date: 12/31/2024
  21. POSTAGE/COPIES/CERTFIED COPY(S) Receipt: 219652 Date: 12/31/2024
  22. 100% DISTRIBUTION TO CL ACCOUNT Receipt: 219652 Date: 12/31/2024
  23. 100% DISTRIBUTION TO CP ACCOUNT Receipt: 219652 Date: 12/31/2024
  24. (DR) CHECK ISSUED TO :SHIPMAN DIXON & LIVINGSTON CO LPA

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