Ferguson v. Ravenna Twp., Unpublished Decision (5-14-2004)
Ferguson v. Ravenna Twp., Unpublished Decision (5-14-2004)
Opinion of the Court
{¶ 2} On May 7, 2002, after providing the requisite notice, the Board met and conducted a hearing regarding Ferguson's property. Ferguson was present at this hearing and testified about his intent to fix the property. Owners of neighboring property also testified at this hearing regarding the "dangerous" and "deplorable condition of the house" that "has been going on for 20 years" and the resulting decrease in property values of the neighboring property. The Board found that the "present condition of the premises and structures thereon are a public nuisance and fall within the parameters of an insecure, unsafe or structurally defective structure pursuant to R.C.
{¶ 3} Ferguson timely appealed the Board's decision to the Portage County Court of Common Pleas. Both parties subsequently filed motions for a hearing to present additional evidence. The trial court granted these motions on November 8, 2002, and the hearing was held before a magistrate on January 3, 2003. At the hearing, the Board submitted an inspection report conducted by the Ravenna Township Fire Department ("fire department's inspection report") and an inspection report from the Portage County Building Department ("building department's inspection report"). The Board also proffered photographs of the property.
{¶ 4} At the hearing, Ferguson testified that he was planning on fixing the property and that he had obtained building permits in order to do so. On cross-examination, Ferguson testified that the house had been vacant since at least 1995. Ferguson admitted that the house is uninhabitable and that it would be a health risk for someone to inhabit the home in its current condition. Ferguson acknowledged that the building permits were issued for work of $2,000. Ferguson admitted that it would cost well in excess of $2,000 to make the home structurally sound and habitable and that the permits he obtained would fail to accomplish this endeavor.
{¶ 5} On February 6, 2003, the magistrate found "that the decision of the [Board] to remove the structure(s) located at 6240 Wall Street was not illegal, arbitrary, capricious, unreasonable or unsupported by the preponderance of substantial, reliable and probative evidence on the whole record." Thus, the magistrate affirmed the Board's decision. Ferguson timely filed objections to the magistrate's decision. On March 11, 2003, the trial court overruled Ferguson's objections and adopted the magistrate's decision.
{¶ 6} Ferguson timely appealed and raises the following assignments of error:
{¶ 7} "[1.] The trial court ered [sic] in considering the Township's additional evidence not contained in the transcript.
{¶ 8} "[2.] The statutory grounds to support the Township's removal order are not contained in the record."
{¶ 9} In the interests of judicial economy, both of Ferguson's assignments of error will be considered together. Ferguson claims that, on appeal to the court of common pleas, the Board should have been "limited to the public record and matters contained therein and that the additional evidence offered by them [was] inappropriate." Ferguson also claims that the removal order was improperly issued because a finding that the house wasinsecure, unsafe, or structurally defective, as required by R.C.
{¶ 10} In an administrative appeal, the court of common pleas "may reverse the board if it finds that the board's decision is not supported by a preponderance of reliable, probative and substantial evidence. An appeal to the court of appeals, pursuant to R.C.
{¶ 11} An abuse of discretion consists of more than an errorof law or judgment. Rather, it implies that the court's attitudeis unreasonable, arbitrary or unconscionable. Berk v. Matthews(1990),
{¶ 12} R.C.
{¶ 13} In this case, both parties moved for a hearing in which to submit additional evidence. Thus, considering the trial court's discretion to consider new evidence, as discussed above, we cannot find that the trial court's decision to grant the parties' motions was unreasonable, arbitrary or unconscionable.Thus, it was not an abuse of discretion for the trial court toconsider the new evidence introduced at the hearing, includingthe building department's inspection report.
{¶ 14} "A board of township trustee may provide for theremoval * * * of buildings or other structures in the townshipthat have been declared insecure, unsafe, or structurallydefective by any fire department under contract with the townshipor by the county building department." R.C.
{¶ 17} For the foregoing reasons, we hold that Ferguson's assignments of error are without merit. The decision of the Portage County Court of Common Pleas is affirmed.
Judgment affirmed.
Christley and O'Neill, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.