Illustrative Cases

Seitz v. Harvey (2nd Dist.), 2015-Ohio-122. Succeeded in having a jury verdict reversed on appeal in case involving allegations of nondisclosure of defects in sale of real property.

Repacorp, Inc. v. Sloan, Miami Common Pleas No. 14-575 (July 13, 2015).  Obtained reversal of Unemployment Compensation Review Commission decision in favor of former employee.

Giant Ohio, LLC v. Jaber, Summit Common Pleas No. 2010-07-5083 (April 14, 2015).  Awarded summary judgment in favor of supplier of gasoline to gas station based on breach of contract.

Jackson v. State Farm (4th Dist.), 2015-Ohio-1131.  Had summary judgment decision overturned on appeal in case against insurance company for uninsured motorist coverage.

Hubbard Family Trust v. TNT Land Holdings, LLC (4th Dist.), 2014-Ohio-772, 9 N.E.2d 411.  Obtained jury verdict in favor of purchaser of real property for fraudulent concealment of defects by seller, and for punitive damages and attorneys’ fees.  Obtained judgment against realtor for nondisclosure of known defects.

Shehata v. Shehata, Montgomery Common Pleas No. 2014-CV-3226 (July 7, 2015).  Obtained judgment nullifying multiple mechanics’ liens and awarding actual and punitive damages and attorneys’ fees for slander of title.

Feet First, Inc. v. Neer, Montgomery Common Pleas No. 2014-CV-2366 (December 3, 2014).  Successfully obtained reversal of Ohio Civil Rights Commission decision in favor of former employee.

Monroe Federal Savings and Loan Assoc. v. NEA Galtier Parking, S.D. Ohio No. 3:12-cv-52.  Masterfully orchestrated prosecution of claims stemming from bank loan so as to protect and preserve crucial income-generating collateral, ultimately saving it and returning the loan to performing status.

Lone Star Equities, Inc. v. Dimitrouleas, Montgomery Common Pleas No. 2013-CV-2670 (December 19, 2013).  Awarded summary judgment dismissing plaintiff’s lawsuit alleging failure to disclose pending tax appeal in sale of commercial real estate.

Bremer v. Angler Construction Company, Inc., Montgomery Common Pleas No. 2010-CV-9962 (August 19, 2011).  Awarded summary judgment dismissing plaintiff’s Consumer Sales Practices Act and Home Solicitation Sales Act claims.

Arccon Construction, Inc. v. Ritchie’s Marketplace, LLC (Petro, arbitrator).  Successfully defended claims by design-build contractor demanding $317,579.00 in damages from grocery store owner arising from commercial construction contract.

Herres v. Millwood Homeowners Association, Inc. (2nd Dist.), 2010-Ohio-3533.  Successfully defended a demand for payment on the basis of accord and satisfaction.

The Siebenthaler Company v. Beavercreek Twp. BZA (2nd Dist.), 2009-Ohio-6595.  Prevailed in challenge to Board of Zoning Appeals decision on grounds that use of property was agricultural in nature and could not be regulated by Township.

Holbrook v. Brandenburg (2nd Dist.) 2009-Ohio-2320. Successfully defended claim of sovereign immunity on appeal, affirming trial court decision that Township was not entitled to immunity for maintenance of stormwater sewers.

Home Builders Assoc. of Dayton & Miami Valley v. Lebanon (12th Dist. 2006), 167 Ohio App.3d 247, 854 N.E.2d 1097.  Won constitutional challenge of City ordinances requiring all homeowners and builders to pay fees to connect to City’s telecommunications system.

Synergy Development, Ltd. v. Greene County Board of Revision, BTA Case No. 2005-T-585 (September 15, 2006).  Overturned Board of Revision determination that certain property was not entitled to certified agricultural use valuation.

Turner v. Englewood, Montgomery Common Pleas No. 2005-CV-488 (December 30, 2009).  Obtained jury verdict dismissing all claims of plaintiff alleging unconstitutional demolition of commercial building on basis that the building was a nuisance.

State ex rel. Hilltop Basic Resources, Inc. v. City of Cincinnati (1st Dist. 2005), 166 Ohio App.3d 171, 849 N.E.2d 1064.  Sought and received writ of mandamus requiring City to institute appropriation action following City’s denial of property owner’s and lessee’s request for access to abutting roadway.

Precision Seed Co., Inc. v. Ebony Fuel, Inc. (10th Dist.), 2005-Ohio-752.  Prevented maker of promissory note from obtaining relief from judgment following confession of judgment pursuant to R.C. § 2323.13.

Isbel v. Jack Coley Homes, Inc. (2nd Dist.), 2004-Ohio-5280.  Won dismissal of lawsuit for lack of prosecution.

Capstone Homes, Inc. v. Ruffin 2nd Dist. Greene No. 2000-CA-101 (April 13, 2001).  Successfully defended claim for damages by homebuilder in construction dispute.

Montgomery County Community College District v. Donnell, Inc. (2nd Dist. 2001), 141 Ohio App.3d 593, 752 N.E.2d 342.  Succeeded in having trial court decision enforcing arbitration provision of contract reversed.

Vizzari v. Community Hospital (2nd Dist. 2001), 141 Ohio App.3d 494, 751 N.E.2d 1082.  Prevailed in action to enjoin construction that violated City zoning ordinances.

Alpha Church of Nazarene v. Hoos, 2nd Dist. Greene No. 99-CA-0036 (October 29, 1999).  Argued successfully that property owner had obtained ownership of adjacent access driveway by adverse possession.

Booher Carpet Sales, Inc. v. Erickson, 2nd Dist. Greene No. 98-CA-0007 (October 2, 1998).  Obtained reversal of trial court decision issuing judgment in favor of subcontractor based on homeowner’s paid-in-full defense.

Tipton v. City of Englewood, Ohio, 2nd Dist. Montgomery No. 92 CA 2080 (March 29, 1993).  Upheld City’s sale of real property without competitive bidding.

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