# Johnson's Island Property Owners' Ass'n v. Schregardus

> Ohio Court of Appeals · June 15, 1995 · 104 Ohio App. 3d 563

URL: https://www.frixlaw.com/law-library/cases/3741065

## Case

- **Full name:** JOHNSON’S ISLAND PROPERTY OWNERS’ ASSOCIATION Et Al., Appellants and Cross-Appellees, v. SCHREGARDUS, Director, Et Al., Appellees; Baycliff's Corporation, Appellee and Cross-Appellant
- **Court:** Ohio Court of Appeals
- **Decided:** June 15, 1995
- **Citations:** 104 Ohio App. 3d 563; 662 N.E.2d 878
- **Precedential status:** Published
- **Opinion:** Concurrence by Close
- **Judges:** Deshler, Bryant, Close
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3741065

## Opinion text

*577
Close, Judge,
concurring.
As plainly as we can, we must tell EBR that, in a
de novo
proceeding, the applicant has the burden of going forward with the evidence. That means that, except in exceptional circumstances, the applicant goes first. To do otherwise jeopardizes the process and makes very real the probability of retrying cases at great expense to citizens and agencies of Ohio.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3741065. Public record. Not legal advice.