Opinion

Camp St. Mary's Ass'n of the West Ohio Conference of the United Methodist Church, Inc. v. Otterbein Homes

  • 176 Ohio App. 3d 54
  • 2008 Ohio 1490
  • 889 N.E.2d 1066
Court
Ohio Court of Appeals
Filed
Mar 31, 2008
Status
Published
Author
Rogers
On the bench
Willamowski, Preston, Rogers
Cited by
34 cases

The opinion

*81

Rogers, J.,

concurring in part and dissenting in part.

{¶ 55} I concur with the majority in holding that the claims of the appellant should be dismissed as to fraud and breach of fiduciary duty. However, I would hold that all other issues raised by the appellant are precluded by the doctrine of “merger by deed.” Accordingly, there remain no issues to be litigated, and I would affirm the trial court’s dismissal of the appellant’s action.

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