City of East Liverpool v. Chisler, Unpublished Decision (3-14-2001)
City of East Liverpool v. Chisler, Unpublished Decision (3-14-2001)
Opinion of the Court
On December 16, 1998, the City of East Liverpool, Ohio (Appellee), filed a complaint seeking a demolition order of a house owned by Appellant and located at 906 Fairview Street in the city. Appellee alleged that Appellant's house was a "dangerous dwelling" as defined in East Liverpool Ordinance §
Appellant filed a notice of appeal with the trial court on July 7, 1999. Pursuant to Appellant's motion, the trial court stayed its demolition order pending appeal.
Appellant presents two assignments of error to this Court. Her first assignment of error states:
"The trial court's decision, in rendering judgment in favor of City-Plaintiff, goes against the manifest weight of the evidence."
Although stated as a manifest weight of the evidence argument, Appellant actually argues that Appellee failed to present sufficient evidence that Appellant's house was a "dangerous dwelling" as defined in East Liverpool Ordinance §
Appellant's second assignment of error alleges:
"The trial court's decision to issue a `tear down' order, in favor of City-Plaintiff, goes against the manifest weight of the evidence."
Again, Appellant's argument actually relates to the sufficiency of evidence. Here, Appellant argues that Appellee presented no evidence that the "dangerous structure" was beyond repair, requiring demolition under East Liverpool Ordinance §
Both of Appellant's assignments of error clearly require us to review the evidence presented at trial. However, Appellant has failed to provide us with a transcript of the proceedings pursuant to App.R. (9)(B). Appellant has also failed to provide a statement of the evidence or proceedings according to App.R. (9)(C), or an agreed statement of the record according to App.R. (9)(D).
It is well settled in Ohio that, "[w]hen portions of the transcript necessary for resolution of assigned errors are omitted from the record, then a reviewing court has nothing to pass upon and thus, as to those assigned errors, the court has no choice but to presume the validity of the lower court's proceedings, and affirm." Knapp v. EdwardsLaboratories (1980),
_______________ WAITE, J.
Vukovich, P.J., concurs, Donofrio, J., concurs.
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