Opinion

State ex rel. Doner v. Zehringer

  • 134 Ohio St. 3d 326
  • 982 N.E.2d 664
  • 2012 Ohio 5637
Court
Ohio Supreme Court
Filed
Dec 5, 2012
Status
Published
Author
Stratton
On the bench
O'Connor, Pfeifer, O'Donnell, Belfance, Brown, Stratton, Lanzinger, Ninth, Cupp
Cited by
4 cases
Authority
More cited than 11.5%

The opinion

Lundberg Stratton, J.,

dissenting.

{¶ 4} The burden of proof for the moving party in a civil contempt action is clear and convincing evidence. See Brown v. Executive 200, Inc., 64 Ohio St.2d 250, 253 , 416 N.E.2d 610 (1980). I would find that relators have failed to meet their burden of proof. Therefore, I dissent.

{¶ 5} While respondents may be proceeding at a pace that is unacceptable to relators, our only mandate to respondents was to proceed “immediately.” We did not set forth any guidelines, let alone a deadline, as to when the appropriations must be completed.

{¶ 6} Respondents have hired surveyors and property appraisers. The surveyors have begun surveying the properties at issue, and the appraisers have begun appraising the properties as the surveys are completed. Both are necessary for appropriation proceedings. Further, respondents attempted to negotiate a global settlement with relators, albeit without success. This hardly constitutes clear and convincing evidence that respondents are in contempt of the writ merely because they are proceeding at a pace that is slower than relators and the court desire. Therefore, I respectfully dissent.

Lanzinger, J., concurs in the foregoing opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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