Ohio Supreme Court, 1996

Shaper v. Tracy

Ohio Supreme Court · Decided August 7, 1996 · Cook, Douglas, Moyer, Pfeifer, Resnick, Sherck, Sixth, Stratton, Sweeney

76 Ohio St. 3d 241; 667 N.E.2d 368

Cases that cite this one

5 later published cases cite this decision.

Lycan v. Cleveland (Slip Opinion) (Ohio 2016)
Buckeye Community Hope Foundation v. City of Cuyahoga Falls (District Court, N.D. Ohio 1997)
State Ex Rel. Gradall Co. v. Indus. Comm., Unpublished Decision (6-6-2006) (Ohio Ct. App. 2006)
Judgement Acquisition Corp. v. Rhodes, Unpublished Decision (11-18-1999) (Ohio Ct. App. 1999)
Shaper v. Tracy (Ohio 1996)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

The legal issues presented in this case are, by Shaper’s own admission, the same legal issues previously litigated by the parties in Shaper’s declaratory judgment action. In Grava v. Parkman Twp. (1995), 73 Ohio St.3d 379, 653 N.E.2d 226, syllabus, we held that “[a] valid, final judgment rendered upon the merits bars all subsequent actions based upon any claim arising out of the transaction or occurrence that was the subject matter of the previous action.” See, also, Superior’s Brand Meats v. Lindley (1980), 62 Ohio St.2d 133, 16 O.O.3d 150, 403 N.E.2d 996.

*243Litigation of the legal issues raised by Shaper’s refund claims is barred by res judicata in the instant case.

The decision of the BTA is affirmed.

Decision affirmed.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Sherck, JJ., concur. James R. Sherck, J., of the Sixth Appellate District, sitting for Stratton, J.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.