HERITAGE HILLS, LTD. v. DEACON

No. 88-1651.

49 Ohio St. 3d 80 (1990)

HERITAGE HILLS, LTD., APPELLEE, v. DEACON, APPELLANT.

Supreme Court of Ohio.

Decided February 21, 1990.


Attorney(s) appearing for the Case

Southeastern Ohio Legal Services, Gary M. Smith, Ohio State Legal Services Assn. and Kalpana Yalamanchili, for appellant.

Schottenstein, Treneff & Williams and Craig P. Treneff, for appellee.

Eslocker, Grim, Hodson & Dioguardi and William A. Grim, urging reversal for amicus curiae, Athens Metropolitan Housing Authority.

Legal Aid Society of Cleveland, Paul Herdeg and Peter M. Iskin, urging reversal for amicus curiae, Cleveland Tenants Organization.

Bruce H. Kiracofe, urging reversal for amici curiae, Columbus Housing Law Project and Columbus Tenants Union.

Crabbe, Brown, Jones, Potts & Schmidt, Jeffrey M. Brown and Theodore F. Claypoole, urging affirmance for amicus curiae, Columbus Apartment Association.

Emens, Hurd, Kegler & Ritter and Lawrence F. Feheley, urging affirmance for amicus curiae, Ohio Housing Authorities Conference.


SWEENEY, J.

Appellant has sought declaratory and injunctive relief pursuant to R.C. 1345.09 to prevent appellee from enforcing its policy of ascribing responsibility for all unexplained damages to an apartment to the lessee thereof. R.C. 1345.09(D) provides:

"Any consumer may seek a declaratory judgment, an injunction, or other appropriate relief against an act or practice that violates this chapter."

In order to ascertain whether appellant is entitled...

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