HAUSMAN v. CITY OF DAYTON

No. 94-349.

73 Ohio St.3d 671 (1995)

HAUSMAN ET AL., APPELLEES AND CROSS-APPELLANTS; BANCOHIO NATIONAL BANK, APPELLEE AND CROSS-APPELLEE, v. CITY OF DAYTON, APPELLANT AND CROSS-APPELLEE.

Supreme Court of Ohio.

Decided September 13, 1995.


Attorney(s) appearing for the Case

Cole Co., L.P.A., Leland D. Cole and Mark H. Ludwig, for appellees and cross-appellants, Harry G. Hausman et al.

Vorys, Sater, Seymour & Pease, Joseph D. Lonardo and Martyn T. Brodnik, for appellee and cross-appellee, BancOhio National Bank.

J. Anthony Sawyer, Director of Law, and Steven R. Milby, Senior Attorney, for appellant and cross-appellee, city of Dayton.

Thompson, Hine & Flory, Douglas O. Cooper, Kenton L. Kuehnle and Margaret R. Carmany, urging affirmance for amici curiae, Ohio Mortgage Bankers Association, Ohio Bankers Association and Ohio League of Financial Institutions.


MOYER, C.J.

In this case, we are asked to determine whether, pursuant to R.C.G.O. 152.01, BancOhio is an "owner" of the property at issue and liable for nuisance abatement.

Dayton's nuisance ordinance R.C.G.O. 152.01 defines "owner" as including: "The owner(s) of record of the premises of fee or lesser estate therein, a mortgagee, vendee in possession, land contract purchaser, assignee of rents, receiver, executor...

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