AAAA Enter., Inc. v. River Place Cmty. Urban Redevelopment Corp., 553 N.E.2d 597 (Ohio 1990). · Go Syfert
AAAA Enter., Inc. v. River Place Cmty. Urban Redevelopment Corp., 553 N.E.2d 597 (Ohio 1990). Cases Citing This Book View Copy Cite
Quick Summary

A trial court reviews a legislative determination of blight under an abuse of discretion standard, which occurs when a decision is unreasonable, arbitrary, or unconscionable.

A landowner challenged a city council's determination that a project area was blighted to prevent the exercise of eminent domain. The court addressed whether the trial court should apply a bad-faith standard or an abuse-of-discretion standard when reviewing the council's legislative determination. The court held that the proper standard of review is abuse of discretion, which occurs when a decision is unreasonable, arbitrary, or unconscionable. A decision is unreasonable if no sound reasoning process supports it. Because reasonable minds could disagree on whether the council's determination was reasonable based on the city's own survey, the trial court erred in granting summary judgment.

1,832 citation events (1,716 in the last 25 years) across 14 distinct courts.
Strongest positive: State v. J.B. (ohio, 2026-04-22)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) State v. J.B. (3×) also: Cited "see"
Ohio · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is not enough that the reviewing court, were it deciding the issue de novo, would not have found that reasoning process to be persuasive, perhaps in view of countervailing reasoning processes that would support a contrary result.
discussed Cited as authority (verbatim quote) Clyde v. Mantua
Ohio Ct. Cl. · 2026 · quote attribution · 1 verbatim quote · confidence high
a decision is unreasonable if there is no sound reasoning process that would support that decision
discussed Cited as authority (verbatim quote) Duke Energy Ohio, Inc. v. Hamilton
Ohio Ct. App. · 2021 · quote attribution · 1 verbatim quote · confidence high
a decision is unreasonable if there is no sound reasoning process that would support that decision
discussed Cited as authority (verbatim quote) Beach v. Batavia Twp. Bd of Zoning Appeals
Ohio Ct. App. · 2021 · quote attribution · 1 verbatim quote · confidence high
a decision is unreasonable if there is no sound reasoning process that would support that decision
discussed Cited as authority (quoted) Carter v. Pristine Senior Living & Post-Acute Care, Inc.
Ohio Ct. App. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
decisions are unreasonable if they are not supported by a sound reasoning process.
discussed Cited as authority (rule) In re S.R.
Ohio Ct. App. · 2026 · confidence medium
AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990). {¶ 37} “Although a trial court possesses broad discretion in custody matters, the trial court does not have discretion to terminate a parent’s right to custody where the suitability finding is unsupported by the record.” A.R., 2021-Ohio-2785, at ¶ 28 (2d Dist.), citing In re B.P., 2010-Ohio-6458, ¶ 44 (4th Dist.), citing Perales, 52 Ohio St.2d 89 at syllabus.
discussed Cited as authority (rule) Shepherd v. TH Property Owner I, L.L.C.
Ohio Ct. App. · 2026 · confidence medium
An abuse of discretion is 8 defined as “attitude that is unreasonable, arbitrary or unconscionable.” AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990).
cited Cited as authority (rule) In re D.D.
Ohio Ct. App. · 2026 · confidence medium
AAAA Enterprises, Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990).
cited Cited as authority (rule) State v. Marksch
Ohio Ct. App. · 2026 · confidence medium
AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990). {¶ 22} In this case, the trial court rejected Marksch’ challenge to proper standing.
discussed Cited as authority (rule) State v. Moreland
Ohio Ct. App. · 2026 · confidence medium
State v. Gilbreath, 2022-Ohio-3759, ¶ 8 (2d Dist.), citing AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990). “‘A decision is unreasonable if there is no sound reasoning process that would support that decision.’” Id., quoting AAAA Ents. at 161. {¶ 10} While the Sixth Amendment comprehends the right to select and be represented by one’s preferred attorney, “the essential aim of the Amendment is to guarantee an effective advocate for each criminal defendant rather than to ensure that a defendant will inexorably be represented by the…
cited Cited as authority (rule) State v. Riley
Ohio Ct. App. · 2026 · confidence medium
Corp., 50 Ohio St.3d 157, 161 (1990).
discussed Cited as authority (rule) In re A.B.
Ohio Ct. App. · 2026 · confidence medium
An unreasonable decision is a decision that lacks a “‘“sound reasoning process.”’” State v. T.S., 2024-Ohio-4898 , ¶ 81 (8th Dist.), quoting State v. Ford, 2019- Ohio-4539, ¶ 106, quoting AAAA Ents. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990).
discussed Cited as authority (rule) State v. A.K.
Ohio Ct. App. · 2026 · confidence medium
“A decision is unreasonable if there is no sound reasoning process that would support that decision.” State v. Ford, 2019-Ohio-4539, ¶ 106 , quoting AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990). “[A]n ‘arbitrary’ decision is one made ‘without consideration of or regard for facts [or] circumstances.’” Beasley, 2018-Ohio-16, at ¶ 12 , quoting Black’s Law Dictionary (10th Ed.2014), and citing Dayton ex rel.
discussed Cited as authority (rule) State v. Friend (2×)
Ohio Ct. App. · 2026 · confidence medium
Corp., 50 Ohio St.3d 157, 161 (1990).
discussed Cited as authority (rule) State ex rel. Ames v. Chardon Twp. Bd. of Trustees
Ohio Ct. App. · 2026 · confidence medium
Sabo v. Zimmerman, 2012-Ohio-4763 , ¶ 9 (11th Dist.). “‘A reviewing court will apply the same standard a trial court is required to apply, which is to determine whether any genuine issues of material fact exist and whether the moving party is entitled to judgment as a matter of law.’” Id., quoting Hapgood v. Conrad, 2002-Ohio-3363 , ¶ 13 (11th Dist.). {¶36} “The jurisprudence of summary judgment standards has placed burdens on both the moving and the nonmoving party.” Welch, 2007-Ohio-4374, at ¶ 40 (11th Dist.). {¶37} “Because summary judgment represents a shortcut through t…
discussed Cited as authority (rule) Veritext, L.L.C. v. Newman Law Group, L.L.C.
Ohio Ct. App. · 2026 · confidence medium
“An abuse of discretion most often involves an unreasonable decision that is not supported by a sound reasoning process.” State v. McHenry, 2021-Ohio-3118, ¶ 16 (2d Dist.), citing AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990). {¶ 52} “Mitigation of damages is defined as ‘the duty of a person to use reasonable efforts under all the circumstances to avoid loss or to lessen his damages.’” Rejas Invests. v. Natl.
discussed Cited as authority (rule) State v. Mikhak
Ohio Ct. App. · 2026 · confidence medium
State v. Terry, 2024-Ohio-2935, ¶ 34 (2d Dist.) “‘A trial court’s decision regarding a defendant’s commitment pursuant to R.C. 2945.401 is reviewed on appeal for abuse of discretion.’” State v. Smith, 2017-Ohio-1439, ¶ 5 , quoting State v. Ortello, 2016-Ohio-1441, ¶ 17 (7th Dist.), citing State v. Jung, 132 Ohio App.3d 369, 372 (6th Dist. 1999). {¶ 35} “‘Abuse of discretion’ has been defined as an attitude that is unreasonable, arbitrary, or unconscionable.” AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990), citing Huffma…
discussed Cited as authority (rule) In re T.S.
Ohio Ct. App. · 2026 · confidence medium
“A court abuses its discretion when a legal rule entrusts a decision to a judge’s discretion and the judge’s exercise of that discretion is outside of the legally permissible range of choices.” State v. Hackett, 2020-Ohio-6699, ¶ 19 . {¶ 35} “A decision is unreasonable if there is no sound reasoning process that would support the decision.” (Internal quotations omitted.) Fernando v. Fernando, 2017-Ohio- 9323, ¶ 7 (10th Dist.), quoting AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990).
discussed Cited as authority (rule) BND Rentals, Inc. v. Gayhart
Ohio Ct. App. · 2026 · confidence medium
“Summary judgment is a potentially useful, but extraordinary, procedure wherein the trial of issues of fact made up by the pleadings is avoided.” AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St. 3d 157, 161 (1990). {¶ 19} Because summary judgment is “a shortcut through the normal litigation process by avoiding a trial,” the burden of demonstrating that no genuine issues exist as to any material fact strictly falls upon the moving party requesting summary judgment.
cited Cited as authority (rule) Garrison v. Columbus
Ohio Ct. App. · 2026 · confidence medium
State v. Ford, 2019-Ohio-4539, ¶ 106 , citing AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990).
discussed Cited as authority (rule) State v. Powell
Ohio Ct. App. · 2026 · confidence medium
This Court has explained the standard in more detail as follows: “ ‘A decision is unreasonable if there is no sound reasoning process that would support that decision.’ ” [State v. Ford, 2019-Ohio-4539, ¶ 106 ], quoting AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990). “[A]n ‘arbitrary’ decision is one made ‘without consideration of or regard for facts [or] circumstances.’ ” State v. Beasley, 2018-Ohio-16, ¶ 12 , quoting Black's Law Dictionary Highland App. No. 24CA20 10 125 (10th Ed. 2014), and citing Dayton ex rel.
discussed Cited as authority (rule) State v. Clinton
Ohio Ct. App. · 2026 · confidence medium
“A court abuses its discretion when a legal rule entrusts a decision to a judge’s discretion and the judge’s exercise of that discretion is outside of the legally permissible range of choices.” State v. Hackett, 2020-Ohio-6699, ¶ 19 . {¶ 12} “A decision is unreasonable if there is no sound reasoning process that would support the decision.” (Internal quotations omitted.) Fernando v. Fernando, 2017-Ohio- 9323, ¶ 7 (10th Dist.), quoting AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990).
discussed Cited as authority (rule) State v. Roberts
Ohio Ct. App. · 2026 · confidence medium
Instead, “[a]n abuse of discretion is ‘an attitude that is unreasonable, arbitrary or unconscionable.’” AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990), citing Huffman v. Hair Surgeon, Inc., 19 Ohio St.3d 83, 87 (1985).
cited Cited as authority (rule) Ibrahim v. Bailfish Servs., L.L.C.
Ohio Ct. App. · 2026 · confidence medium
AAAA Enterprises, Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990).
cited Cited as authority (rule) In re E.A.
Ohio Ct. App. · 2026 · confidence medium
Corp., 50 Ohio St.3d 157, 161 (1990).
discussed Cited as authority (rule) State v. Cantrell
Ohio Ct. App. · 2026 · confidence medium
An “‘“abuse of discretion” has been defined as an attitude that is unreasonable, arbitrary or unconscionable.’” Cantrell, 2024-Ohio-5406 at ¶ 23 (2d Dist.), quoting AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990).
discussed Cited as authority (rule) Clayton v. Luka, Inc.
Ohio Ct. App. · 2026 · confidence medium
A decision is unreasonable if there is no sound reasoning process that would support that decision.” Id., quoting AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990). {¶ 27} At the outset, we acknowledge that Clayton timely filed his Civ.R. 60(B) motion in the trial court.
cited Cited as authority (rule) In re R.M.
Ohio Ct. App. · 2026 · confidence medium
AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 32. 50 Ohio St.3d 157, 161 (1990).
discussed Cited as authority (rule) Aboagye v. Peake
Ohio Ct. App. · 2026 · confidence medium
“A trial court abuses its discretion when its decision is ‘unreasonable, arbitrary, or unconscionable.’” Bissell v. Bissell, 2016-Ohio- 3086, ¶ 9 (2d Dist.), quoting AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990). {¶ 22} Lathedia’s affidavit in support of her motion stated that she had “personal knowledge of the facts” and that the “facts contained in the Motion to Vacate Judgment are true and accurate to the best of my knowledge and belief.” Such a conclusory and blanket verification of the motion’s contents fails to sa…
discussed Cited as authority (rule) State v. Barker
Ohio Ct. App. · 2026 · confidence medium
An abuse of discretion occurs when the decision of the trial court demonstrates “an attitude that is unreasonable, arbitrary or unconscionable.” AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990).
discussed Cited as authority (rule) Helton v. Kettering Medical Ctr.
Ohio Ct. App. · 2026 · confidence medium
“Summary judgment is a potentially useful, but extraordinary, procedure wherein the trial of issues of fact made up by the pleadings is avoided.” AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St. 3d 157, 161 (1990). {¶ 51} Because summary judgment is “a shortcut through the normal litigation process by avoiding a trial,” the burden of demonstrating that no genuine issues exist as to any material fact strictly falls upon the moving party requesting summary judgment.
cited Cited as authority (rule) In re P.W.
Ohio Ct. App. · 2026 · confidence medium
AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990).
cited Cited as authority (rule) State v. Jones
Ohio Ct. App. · 2026 · confidence medium
Corp., 50 Ohio St.3d 157, 161 (1990).
discussed Cited as authority (rule) Leary v. Leary
Ohio Ct. App. · 2026 · confidence medium
“It is to be expected that most instances of abuse of discretion will result in decisions that are simply unreasonable, rather than decisions that are unconscionable or arbitrary.” AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990).
discussed Cited as authority (rule) In re M.D.
Ohio Ct. App. · 2026 · confidence medium
In re G.D., 2023-Ohio-1913, ¶ 10 (2d Dist.). “‘Abuse of discretion’ has been 20 defined as an attitude that is unreasonable, arbitrary, or unconscionable.” AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990). “[M]ost instances of abuse of discretion will result in decisions that are simply unreasonable.” Id.
discussed Cited as authority (rule) State v. Myers
Ohio Ct. App. · 2026 · confidence medium
“An abuse of discretion most often involves an unreasonable decision that is not supported by a sound reasoning process.” State v. McHenry, 2021-Ohio-3118, ¶ 16 (2d Dist.), citing AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990).
discussed Cited as authority (rule) Surber v. Greenville Twp. Bd. of Trustees
Ohio Ct. App. · 2026 · confidence medium
Therefore, “[a]part from deciding purely legal issues, the court of appeals can determine whether the court of common pleas abused its discretion, which in this context means reviewing whether the lower court abused its discretion in deciding that an administrative order was or was not supported by reliable, probative, and substantial evidence.” Shelly Materials, Inc. v. City of Streetsboro Planning & Zoning Comm., 2019-Ohio-4499, ¶ 17 , citing Boice v. Ottawa Hills, 2013-Ohio-4769, ¶ 7 . {¶ 35} “A trial court abuses its discretion when it makes a decision that is unreasonable, uncons…
discussed Cited as authority (rule) D.F. v. Starkey (2×)
Ohio Ct. App. · 2026 · confidence medium
Corp., 50 Ohio St.3d 157, 161 (1990).
discussed Cited as authority (rule) Lupia v. Lupia
Ohio Ct. App. · 2026 · confidence medium
“A court abuses its discretion when a legal rule entrusts a decision to a judge’s discretion and the judge’s exercise of that discretion is outside of the legally permissible range of choices.” State v. Hackett, 2020-Ohio-6699, ¶ 19 . {¶ 11} “A decision is unreasonable if there is no sound reasoning process that would support the decision.” (Internal quotations omitted.) Fernando v. Fernando, 2017-Ohio- 9323, ¶ 7 (10th Dist.), quoting AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990).
discussed Cited as authority (rule) State v. Brime
Ohio Ct. App. · 2026 · confidence medium
“A court abuses its discretion when a legal rule entrusts a No. 25AP-858 5 decision to a judge’s discretion and the judge’s exercise of that discretion is outside of the legally permissible range of choices.” State v. Hackett, 2020-Ohio-6699, ¶ 19 . {¶ 15} “A decision is unreasonable if there is no sound reasoning process that would support the decision.” (Internal quotations omitted.) Fernando v. Fernando, 2017-Ohio- 9323, ¶ 7 (10th Dist.), quoting AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990).
cited Cited as authority (rule) State v. Lockhart
Ohio Ct. App. · 2026 · confidence medium
Corp., 50 Ohio St.3d 157, 161 (1990).
cited Cited as authority (rule) T.D. v. Ullom
Ohio Ct. App. · 2026 · confidence medium
Corp., 50 Ohio St.3d 157, 161 (1990).
discussed Cited as authority (rule) State v. Allen
Ohio Ct. App. · 2026 · confidence medium
AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St. 3d 157, 161 (1990). {¶ 25} At the start of the February 18, 2025 hearing, the court noted that defense counsel filed a “motion to stay community control conditions pending appeal [from the denial of the petition for postconviction relief], and then a motion to stay or continue with this court.” Defense counsel advised the court that he was “new to the case,” and that “it [did] seem to be somewhat unusual as probation violation cases go.” Counsel noted that there was a “lot of material to review also…
cited Cited as authority (rule) C.V. v. Ullom
Ohio Ct. App. · 2026 · confidence medium
Corp., 50 Ohio St.3d 157, 161 (1990).
discussed Cited as authority (rule) State v. Hearns
Ohio Ct. App. · 2026 · confidence medium
Standard of Review {¶ 9} “Generally, a trial court’s imposition of restitution is reviewed on appeal for an abuse of discretion.” State v. Brown, 2024-Ohio-2004, ¶ 12 (2d Dist.), citing State v. Wilson, 2015-Ohio-3167, ¶ 11 (2d Dist.). “‘Abuse of discretion’ has been defined as an attitude that is unreasonable, arbitrary, or unconscionable.” AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990), citing Huffman v. Hair Surgeon, Inc., 19 Ohio St.3d 83, 87 (1985).
discussed Cited as authority (rule) State v. Wilson
Ohio Ct. App. · 2026 · confidence medium
State v. Gilbreath, 2022-Ohio-3759, ¶ 8 (2d Dist.), citing AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990). “‘A decision is unreasonable if there is no sound reasoning process that would support that decision.’” Id., quoting AAAA Ents. “‘Absent an abuse of discretion on the part of the trial court in making the ruling, its decision must be affirmed.’” State v. Ogletree, 2014-Ohio- 3431, ¶ 11 (2d Dist.), quoting State v. Xie, 62 Ohio St.3d 521 527 (1992).
cited Cited as authority (rule) Robinson v. Robinson
Ohio Ct. App. · 2026 · confidence medium
AAAA Enterprises, Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990).
discussed Cited as authority (rule) Weber v. Weber
Ohio Ct. App. · 2026 · confidence medium
An abuse of discretion “‘implies that the court’s attitude is unreasonable, arbitrary or unconscionable.’” (Citations omitted.) Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983), quoting State v. Adams, 62 Ohio St.2d 151, 157 (1980). “[M]ost instances of abuse of discretion will result in decisions that are simply unreasonable, rather than decisions that are unconscionable or arbitrary.” AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St.3d 157, 161 (1990).
discussed Cited as authority (rule) Discover Bank v. Hinders
Ohio Ct. App. · 2026 · confidence medium
“Summary judgment is a potentially useful, but extraordinary, procedure wherein the trial of issues of fact made up by the pleadings is avoided.” AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp., 50 Ohio St. 3d 157, 161 (1990). {¶ 11} Because summary judgment is “a shortcut through the normal litigation process by avoiding a trial,” the burden of demonstrating that no genuine issue exists as to any material fact strictly falls upon the moving party requesting summary judgment.
cited Cited as authority (rule) State v. Anderson
Ohio Ct. App. · 2026 · confidence medium
Corp., 50 Ohio St.3d 157, 161 (1990).
Retrieving the full opinion text from the archive…
AAAA Enterprises, Inc.
v.
River Place Community Urban Redevelopment Corp. City of Columbus
No. 88-2021.
Ohio Supreme Court.
Apr 18, 1990.
553 N.E.2d 597
1990 Ohio LEXIS 176
Ronald B. Noga, for appellee., Ronald J. O’Brien, city attorney, and Marvin E. Rothhaar, for appellant.
Brown, Douglas, Fain, Holmes, Moyer, Second, Snick, Sweeney, Wright.
Cited by 1,501 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 70%
Citer courts: Ohio Court of Appeals (1)

Lead Opinion

Fain, J.

The issue we are called upon to decide in this case is whether, when the evidentiary material before the trial court is viewed in a light most favorable to the landowner, there is a genuine issue of material fact. In deciding this issue, it is appropriate for us to consider the proper standard of review for the trial court to use in reviewing the Columbus City Council’s determination that the project area was a “blighted area” for purposes of R.C. Chapter 1728.

For the reasons that follow, we conclude that the proper, standard of review for the trial court to use in this case is whether the Columbus City Council abused its discretion when it determined that the project area was a “blighted area.” When the evidence before the trial court is tested by that standard, we conclude that reasonable minds might reach different conclusions concerning whether the Columbus City Council abused its discretion in making that determination.

I

The city contends that the determination of its city council that the project area was a “blighted area” for purposes of R.C. Chapter 1728 was a legislative determination, and that, as such, it can only be overturned judicially upon a finding that the city council’s decision represented “perversity of will, passion, prejudice, partiality, or moral delinquency.” In support of its contention, the city cites State, ex rel. Shafer, v. Ohio Turnpike Comm. (1953), 159 Ohio St. 581, 50 O.O. 465, 113 N.E. 2d 14, and State, ex rel. Commercial Lovelace Motor Freight, Inc., v. Lancaster (1986), 22 Ohio St. 3d 191, 22 OBR 275, 489 N.E. 2d 288.

Significantly, both of the cases cited by the city involved applications for writs of mandamus, where the relator must establish his clear entitlement to the relief requested, and neither case involved an assertion of a constitutional right. Both of these cited cases simply involved claims that an administrative agency of the state had acted in an arbitrary and capricious manner, to the detriment of the relator.

In the case before us, the landowner is asserting, as a matter of constitutional right, that the city has no right to take its property through the exercise of its power of eminent domain because for it to do so would be a taking of the landowner’s property for other than a public purpose (which in effect would be a violation of both Section 19, Article I of the Ohio Constitution and the Fifth and Fourteenth Amendments to the Constitution of the United States). The landowner also contends that the taking of its property for the purposes of this project would violate Sections 6 and 13, Article VIII of the Ohio Constitution.

At oral argument, the city conceded that its city council’s determination that the project was a “blighted area” was an essential predicate to its exercise of the power of eminent do[*160] main to take the landowner’s property. Thus, in the circumstances of this case, the question whether the taking of the landowner’s property would be for a public purpose, as required by both the Ohio and United States Constitutions, is embedded in the question of whether the project area is a “blighted area.” If so, then the taking would be for a purpose that has properly been determined to be a public purpose — urban redevelopment. See Annotation (1972), 45 A.L.R. 3d 1096.

The authority of the courts to determine whether an action, even a legislative action, violates constitutional provisions has been unquestioned for many years. Indeed, the concept of judicial review of the constitutionality of legislative acts is a distinguishing feature of American jurisprudence.

If we were to accept the city’s contention that its city council’s determination that an area is a “blighted area” (with the necessary consequence being that its taking of property within that area through the exercise of the power of eminent domain would be for a public use, and would therefore satisfy constitutional requirements) can only be judicially overturned upon a finding that the city council’s decision constituted “perversity of will, passion, prejudice, partiality, or moral delinquency” — essentially a bad-faith standard — we would be abdicating the judicial responsibility to interpret constitutional provisions and to protect rights secured by those provisions, since any determination made in good faith, no matter how erroneous, would be effectively immune from judicial review. We must not abdicate the historic role of the courts in the protection of constitutional rights through the exercise of the power of judicial review.

On the other hand, a city council’s determination as to whether an area is a “blighted area” for purposes of R.C. Chapter 1728 necessarily involves the exercise of discretion. The definition of “blighted area,” contained in R.C. 1728.01(E), is as follows:

“ ‘Blighted area’ means an area within a municipality containing a majority of structures that have been extensively damaged or destroyed by a major disaster, or that, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, unsafe and unsanitary conditions which endanger lives or properties by fire or other hazards and causes, or that, by reason of location, in an area with inadequate street layout, incompatible land uses or land use relationships, overcrowding of buildings on the land, excessive dwelling unit density, or other identified hazards to health and safety, are conducive to ill health, transmission of disease, juvenile delinquency and crime and are detrimental to the public health, safety, morals and general welfare.”

The above-quoted definition necessarily involves the exercise of considerable discretion in any determination of whether a particular area is a “blighted area,” and it is not inappropriate for a city council, being concerned not only with the area itself, but also with the considerations of public policy involved in the definition, to exercise that amount of discretion in the first instance. Furthermore, given the importance of urban redevelopment, there is reason to give the definition of “blighted area” a liberal interpretation. See Annotation, supra, at 1106-1110.

We conclude that the proper standard for a trial court to use when reviewing a city council’s determination that an area is a “blighted area”[*161] for purposes of R.C. Chapter 1728 and for the purpose of the exercise of the city’s power of eminent domain is an abuse-of-discretion standard.

“Abuse of discretion” has been defined as an attitude that is unreasonable, arbitrary or unconscionable. Huffman v. Hair Surgeon, Inc. (1985), 19 Ohio St. 3d 83, 87, 19 OBR 123, 126, 482 N.E. 2d 1248, 1252. It is to be expected that most instances of abuse of discretion will result in decisions that are simply unreasonable, rather than decisions that are unconscionable or arbitrary.

A decision is unreasonable if there is no sound reasoning process that would support that decision. It is not enough that the reviewing court, were it deciding the issue de novo, would not have found that reasoning process to be persuasive, perhaps in view of countervailing reasoning processes that would support a contrary result.

In the case before us, the task for the trial court is to determine whether there exists a sound reasoning process that the Columbus City Council might have used in reaching its determination that the project area was a “blighted area.” The trial court is not required to determine that it would have reached the same conclusion itself, had it been confronted with the question of whether the project area was a “blighted area.”

II

The city contends that regardless of the standard of review properly employed by the trial court, it is entitled to summary judgment because the landowner failed to offer any evidence in opposition to the city’s motion for summary judgment, and therefore failed in the landowner’s burden of proof.

Summary judgment is a potentially useful, but extraordinary, procedure wherein the trial of issues of fact made up by the pleadings is avoided. Because summary judgment represents a shortcut through the normal litigation process by avoiding a trial, the burden is strictly upon the moving party to establish, through the evidentiary material permitted by the rule, that there is no genuine issue of material fact and that he is entitled to judgment as a matter of law. Civ. R. 56(C). While the party responding to the motion may have a formidable burden of proof to overcome at trial, he does not have that burden in responding to the motion for summary judgment, and he may rely upon evidentiary material submitted by the movant in support of his (the responding party’s) argument that there is a genuine issue of material fact.

In the case before us, the landowner contends that when the evidence submitted by the city is viewed in a light most favorable to the landowner, reasonable minds can disagree as to whether the Columbus City Council abused its discretion when it determined that the project area was a “blighted area.”

We agree with the landowner. When the city’s own “physical condition survey,” upon which the city council expressly relied, is viewed in a light most favorable to the landowner, a reasonable mind might conclude that the majority of the structures within the area were not in such poor condition as to satisfy the statutory definition, and that the city council was unreasonable in reaching a conclusion contradicted by the very survey upon which it expressly relied in coming to that conclusion.

Ill

The landowner also contends that the taking of its property through the exercise of the city’s power of eminent[*162] domain would violate Sections 6 and 13, Article VIII of the Ohio Constitution, because the city’s general revenues or funds derived from the sale of its general obligation bonds will be used to pay the required compensation. The landowner also argues that it has been the practice of the city and of River Place to use the threat of the exercise of the power of eminent domain in negotiations for the acquisition of particular parcels within the project area, and, upon successfully negotiating the acquisition of the parcel, to request that the parcel be deeded directly to a third party (allegedly a front for the proposed developer of the property), without the intermediate step of the acquisition of the fee simple title by the city. Although there does not seem to be any support for the latter argument in the record, the city evidently does not dispute that parcels in the area may be passing directly to the developer through negotiations with the owners of those parcels.

Although Section 13, Article VIII of the Ohio Constitution expressly contemplates that the state and its political subdivisions may acquire and then sell property when to do so would “improve the economic welfare of the people of the state” or would accomplish certain other public purposes enumerated therein, the landowner is apparently arguing that this does not authorize the use of the threat of a municipality’s use of its power of eminent domain to acquire property through negotiation when the result is a direct acquisition of the property by a third party without title first passing to the municipality.

Some members of this court find the foregoing argument to be persuasive; others, this writer included, do not. If, as seems to be agreed, a municipality may properly exercise the power of eminent domain to acquire property and then sell that property to a third, private party for purposes authorized by Section 13, Article VIII, there does not appear to be any reason why all of those involved should be prevented from reaching the same result, through negotiation, without the municipality actually having to exercise its power of eminent domain. Indeed, the public policy in favor of the negotiated settlement of matters that would otherwise have to be litigated would seem to encourage such a negotiated short-cut of the normal process for appropriating land and then selling it for development purposes.

In any event, it is not necessary to decide this issue at this time. We conclude that the trial court improvidently granted summary judgment, for all the reasons set forth in Parts I and II of this opinion. Therefore, this cause is being remanded to the trial court regardless of any disposition that we might presently be inclined to make of the issue discussed in this part of the opinion. This issue cannot help but benefit from a better development of the facts upon which it depends.

IV

For the reasons set forth herein, the judgment of the court of appeals is affirmed, and this cause is remanded to the trial court for further proceedings consistent with this opinion.

Judgment affirmed and cause remanded.

Moyer, C.J., Sweeney, Holmes, Douglas and Re snick, JJ., concur. Wright, J., dissents. Mike Fain, J., of the Second Appellate District, sitting for H. Brown, J.

Dissent

Wright, J.,

dissenting. I agree[*163] with the bulk of the reasoning contained in the majority opinion, but not the result. Using the abuse-of-discretion test as to the actions of Columbus City Council, there is no way a trial court could conclude that summary judgment would not be justified on the basis of the record before us. Thus, I think a remand is nothing more than a useless exercise.