Brunswick Hills Twp. v. Cleveland City, 06ca0095-M (5-29-2007)
Brunswick Hills Twp. v. Cleveland City, 06ca0095-M (5-29-2007)
Opinion of the Court
{¶ 3} All parties filed motions for summary judgment. On October 3, 2006, the Medina County Court of Common Pleas granted summary judgment in favor of Appellees. The trial court found that Appellant, as a non-party to the three agreements, lacked standing to institute the action for declaratory judgment. The court further found that there was no genuine issue of material fact regarding Appellant's claims. Accordingly, the trial court found that Appellees were entitled to judgment as a matter of law. Appellant timely appealed the trial court's order, raising two assignments of error for our review. We have rearranged Appellant's assignments of error to facilitate our review.
"THE TRIAL COURT ERRED IN ENTERING AN OPINION DECIDING THE MATTER DESPITE RULING THAT THE APPELLANT DID NOT HAVE STANDING TO INITIATE A DECLARATORY JUDGMENT."
{¶ 4} In Appellant's second assignment of error, it asserts that the trial court erred in ruling on the matter despite finding that Appellant lacked standing to initiate a declaratory judgment action.
{¶ 5} Pursuant to the appellate and local rules, this Court has authority to disregard assignments of error when the appellant has failed to identify the relevant portions of the record from which the errors are based. See App.R. *Page 3 12(A)(2); Loc.R. 7(F). Furthermore, we are permitted to disregard assignments of error when the appellant has not supported its argument with citations to legal authority and facts in the record. State v.Taylor (Feb. 9, 1999), 9th Dist. No. 2783-M, at *3. See, also, App.R. 16(A)(7); Loc.R. 7(B)(7). Appellant has cited virtually no authority or citations to the record to support its arguments on appeal. Nonetheless, because this assignment of error raises an obvious legal error, we feel compelled to address it.
{¶ 6} The trial court's opinion reflects that it found that Appellant lacked standing to pursue the matter, yet it granted summary judgment in favor of Appellees on Appellant's complaint. "The issue of standing is a threshold test that, once met, permits a court to determine the merits of the questions presented." Hicks v. Meadows, 9th Dist. No. 21245, 2003-Ohio-1473, at ¶ 7, citing Tiemann v. Univ. of Cincinnati (1998),
"THE TRIAL COURT ERRED IN GRANTING THE APPELLEES' MOTION FOR SUMMARY JUDGMENT[.]"
{¶ 7} In light of our disposition of Appellant's second assignment of error, Appellant's first assignment of error is rendered moot.
Judgment reversed, and cause remanded.
The Court finds that there were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Medina, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27. *Page 5
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(E). The Clerk of the Court of Appeals is instructed to mail a notice of entry of this judgment to the parties and to make a notation of the mailing in the docket, pursuant to App.R. 30. Costs taxed to Appellees.
*Page 1WHITMORE, P. J. DICKINSON, J. CONCUR
Reference
- Full Case Name
- Brunswick Hills Township v. City of Cleveland
- Cited By
- 2 cases
- Status
- Published