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

> Ohio Court of Appeals · March 31, 2008 · 176 Ohio App. 3d 54

URL: https://www.frixlaw.com/law-library/cases/3754556

## Case

- **Full name:** CAMP ST. MARY’S ASSOCIATION OF THE WEST OHIO CONFERENCE OF THE UNITED METHODIST CHURCH, INC., Appellant, v. OTTERBEIN HOMES Et Al., Appellees
- **Court:** Ohio Court of Appeals
- **Decided:** March 31, 2008
- **Citations:** 176 Ohio App. 3d 54; 2008 Ohio 1490; 889 N.E.2d 1066
- **Precedential status:** Published
- **Opinion:** Concurrence by Rogers
- **Judges:** Willamowski, Preston, Rogers
- **Cited by:** 34 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/3754556

## Opinion text

*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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3754556. Public record. Not legal advice.