property claim (Ohio) · Go Syfert
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property claim in Ohio

21 Ohio opinions name it 2 courts 1922–2026 5 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

CaseFollowedCited
Gap, Inc. v. Fireman's Fund Insurancegreen
nyappdiv · 2004 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025Co., 11 A.D.3d 108, 112 (N.Y.App.Div. 2004), citing Postner and Rubin, New York Construction Law Manual, § 10.06, at 380 (“‘The principal distinction between liability and property insurance is that liability insurance covers one’s liability to others for bodily injury or property damage, while property insurance covers damage to one’s own property.’” (Emphasis sic.)). {¶37} The classification codes, “Churches Or Other Houses Of Worship” and 13 OHIO FIRST DISTRICT COURT OF APPEALS “Buildings Or Premises - Bank Or Office - Mercantile Or Manufacturing (Lessor’s Risk Only),” are not found in the

11
State v. Sagegreen
ohio · 1987 · cited in 1 Ohio opinions naming this issue, 2020–2020
2 sentences

2020See State v. Sage, 31 Ohio St.3d 173, 182 , 510 N.E.2d 343 (1987).

2020See State v. Sage, 31 Ohio St.3d 173, 182 , 510 N.E.2d 343 (1987).

11
State v. Thompkinsred
ohio · 1997 · cited in 1 Ohio opinions naming this issue, 2018–2018
1 sentence

2018Further, Norma and Charles argue that -4- Case No. 7-18-01 to 7-18-18 the trial court’s determination that they are storing scrap metal on the Property is against the manifest weight of the evidence. {¶6} In determining whether a conviction is against the manifest weight of the evidence, a reviewing court must examine the entire record, “‘weigh[ ] the evidence and all reasonable inferences, consider[ ] the credibility of witnesses and determine[ ] whether in resolving conflicts in the evidence, the [trier of fact] clearly lost its way and created such a manifest miscarriage of justice that the

11
State v. Martingreen
ohioctapp · 1983 · cited in 1 Ohio opinions naming this issue, 2018–2018
1 sentence

2018Further, Norma and Charles argue that -4- Case No. 7-18-01 to 7-18-18 the trial court’s determination that they are storing scrap metal on the Property is against the manifest weight of the evidence. {¶6} In determining whether a conviction is against the manifest weight of the evidence, a reviewing court must examine the entire record, “‘weigh[ ] the evidence and all reasonable inferences, consider[ ] the credibility of witnesses and determine[ ] whether in resolving conflicts in the evidence, the [trier of fact] clearly lost its way and created such a manifest miscarriage of justice that the

11
Jackson v. City of Columbusgreen
ohioctapp · 1974 · cited in 1 Ohio opinions naming this issue, 2008–2008
2 sentences

2008See Schafer v. RMS Realty (2000), 138 Ohio App.3d 244, 300 , 741 N.E.2d 155 , citing AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp. (1990), 50 Ohio St.3d 157, 161 , 553 N.E.2d 597 (“Decisions are unreasonable if they are not supported by a sound reasoning process”). {¶ 51} In Jackson v. Columbus (1974), 41 Ohio App.2d 90 , 70 O.O.2d 92 , 322 N. E.2d 283 , the Tenth District Court of Appeals noted: {¶ 52} “[T]he one who has destroyed the property under a claim of right, in order to abate a public nuisance, must allege and prove ‘that what he destroyed was a public nuisance

2008See Schafer v. RMS Realty (2000), 138 Ohio App.3d 244, 300 , 741 N.E.2d 155 , citing AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp. (1990), 50 Ohio St.3d 157, 161 , 553 N.E.2d 597 (“Decisions are unreasonable if they are not supported by a sound reasoning process”). {¶ 51} In Jackson v. Columbus (1974), 41 Ohio App.2d 90 , 70 O.O.2d 92 , 322 N. E.2d 283 , the Tenth District Court of Appeals noted: {¶ 52} “[T]he one who has destroyed the property under a claim of right, in order to abate a public nuisance, must allege and prove ‘that what he destroyed was a public nuisance

11
AAAA Enterprises, Inc. v. River Place Community Urban Redevelopment Corp.green
ohio · 1990 · cited in 1 Ohio opinions naming this issue, 2008–2008
1 sentence

2008See Schafer v. RMS Realty (2000), 138 Ohio App.3d 244, 300 , 741 N.E.2d 155 , citing AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp. (1990), 50 Ohio St.3d 157, 161 , 553 N.E.2d 597 (“Decisions are unreasonable if they are not supported by a sound reasoning process”). {¶ 51} In Jackson v. Columbus (1974), 41 Ohio App.2d 90 , 70 O.O.2d 92 , 322 N. E.2d 283 , the Tenth District Court of Appeals noted: {¶ 52} “[T]he one who has destroyed the property under a claim of right, in order to abate a public nuisance, must allege and prove ‘that what he destroyed was a public nuisance

11
Office of Disciplinary Counsel v. Michaelsgreen
ohio · 1990 · cited in 1 Ohio opinions naming this issue, 2008–2008
1 sentence

2008See Schafer v. RMS Realty (2000), 138 Ohio App.3d 244, 300 , 741 N.E.2d 155 , citing AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp. (1990), 50 Ohio St.3d 157, 161 , 553 N.E.2d 597 (“Decisions are unreasonable if they are not supported by a sound reasoning process”). {¶ 51} In Jackson v. Columbus (1974), 41 Ohio App.2d 90 , 70 O.O.2d 92 , 322 N. E.2d 283 , the Tenth District Court of Appeals noted: {¶ 52} “[T]he one who has destroyed the property under a claim of right, in order to abate a public nuisance, must allege and prove ‘that what he destroyed was a public nuisance

11
Schafer v. Rms Realtygreen
ohioctapp · 2000 · cited in 1 Ohio opinions naming this issue, 2008–2008
2 sentences

2008See Schafer v. RMS Realty (2000), 138 Ohio App.3d 244, 300 , 741 N.E.2d 155 , citing AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp. (1990), 50 Ohio St.3d 157, 161 , 553 N.E.2d 597 (“Decisions are unreasonable if they are not supported by a sound reasoning process”). {¶ 51} In Jackson v. Columbus (1974), 41 Ohio App.2d 90 , 70 O.O.2d 92 , 322 N. E.2d 283 , the Tenth District Court of Appeals noted: {¶ 52} “[T]he one who has destroyed the property under a claim of right, in order to abate a public nuisance, must allege and prove ‘that what he destroyed was a public nuisance

2008See Schafer v. RMS Realty (2000), 138 Ohio App.3d 244, 300 , 741 N.E.2d 155 , citing AAAA Ents., Inc. v. River Place Community Urban Redevelopment Corp. (1990), 50 Ohio St.3d 157, 161 , 553 N.E.2d 597 (“Decisions are unreasonable if they are not supported by a sound reasoning process”). {¶ 51} In Jackson v. Columbus (1974), 41 Ohio App.2d 90 , 70 O.O.2d 92 , 322 N. E.2d 283 , the Tenth District Court of Appeals noted: {¶ 52} “[T]he one who has destroyed the property under a claim of right, in order to abate a public nuisance, must allege and prove ‘that what he destroyed was a public nuisance

11
Williams v. Williamsgreen
ohioctapp · 1996 · cited in 1 Ohio opinions naming this issue, 2007–2007
1 sentence

2007See, Peck v. Peck (1994), 96 Ohio App.3d 731 ; see, also, Williams v. Williams (1996), 116 Ohio App.3d 320 ; Zeefe v. Zeefe (1998), 125 Ohio App.3d 600 . *Page 1

11
Peck v. Peckgreen
ohioctapp · 1994 · cited in 1 Ohio opinions naming this issue, 2007–2007
1 sentence

2007See, Peck v. Peck (1994), 96 Ohio App.3d 731 ; see, also, Williams v. Williams (1996), 116 Ohio App.3d 320 ; Zeefe v. Zeefe (1998), 125 Ohio App.3d 600 . *Page 1

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (16)

CaseCitedYears
Zeffe v. Zeefe green
ohioctapp · 1998
2 sentences

2007See, Peck v. Peck (1994), 96 Ohio App.3d 731 ; see, also, Williams v. Williams (1996), 116 Ohio App.3d 320 ; Zeefe v. Zeefe (1998), 125 Ohio App.3d 600 . *Page 1

2007Zeefe v. Zeefe (1998), 125 Ohio App.3d 600 .

22007–2007
Lucas v. South Carolina Coastal Council green
scotus · 1992
2 sentences

1993In support, appellant cites the reasoning set forth in Lucas v. South Carolina Coastal Council (1992), 505 U.S. -, 112 S.Ct. 2886 , 120 L.Ed.2d 798 .

1993In support, appellant cites the reasoning set forth in Lucas v. South Carolina Coastal Council (1992), 505 U.S. -, 112 S.Ct. 2886 , 120 L.Ed.2d 798 .

21993–1993
Wyatt v. Ohio Department of Transportation green
ohioctapp · 1993
1 sentence

2026“The sovereign is said to hold the property in trust for Jackson App. No. 25CA11 14 the public, which should not suffer should the sovereign’s negligence or inattention expose the property to a claim of adverse possession.” Id., citing Nusekabel at 436 . {¶27} At the trial level, Kinkaid acknowledged “the time-honored general rule that adverse possession does not run against the government” but asserted that a large and valuable structures exception to the general rule applied.

12026–2026
French v. Ascent Resources-Utica, L.L.C. (Slip Opinion) green
ohio · 2022
1 sentence

2024Appellants contend that, in applying Ohio law, the real property exception to arbitration exempts this controversy, citing French v. Ascent Resources-Utica, L.L.C., 2022-Ohio-869 .

12024–2024
Bank of Am., N.A. v. Kuchta (Slip Opinion) green
ohio · 2014
2 sentences

2024No. 22AP-365, 2023- Ohio-1646, ¶ 18, quoting Bank of Am., N.A. v. Kuchta, 141 Ohio St.3d 75 , 2014-Ohio-4275 , ¶ 13. {¶ 30} Rachel contends she did not provide false testimony or conceal evidence but instead disagreed with the separate property claim that Steven asserted and then later (in her view) abandoned.

2024No. 22AP-365, 2023- Ohio-1646, ¶ 18, quoting Bank of Am., N.A. v. Kuchta, 141 Ohio St.3d 75 , 2014-Ohio-4275 , ¶ 13. {¶ 30} Rachel contends she did not provide false testimony or conceal evidence but instead disagreed with the separate property claim that Steven asserted and then later (in her view) abandoned.

12024–2024
Gale v. York Center Community Cooperative, Inc. green
ill · 1960
1 sentence

2022Id.

12022–2022
Ockunzzi v. Ockunzzi, Unpublished Decision (11-2-2006) green
ohioctapp · 2006
1 sentence

2019Cuyahoga No. 86785, 2006-Ohio-5741 .

12019–2019
In re Bucio neutral
ohio · 2017
2 sentences

2017In re Bucio , 149 Ohio St.3d 1243 , 2017-Ohio-29 , 75 N.E.3d 1257 . {¶ 2} In 2015, relator, disciplinary counsel, charged Bucio with professional misconduct based on the facts that led to his felony conviction.

2017In re Bucio , 149 Ohio St.3d 1243 , 2017-Ohio-29 , 75 N.E.3d 1257 . {¶ 2} In 2015, relator, disciplinary counsel, charged Bucio with professional misconduct based on the facts that led to his felony conviction.

12017–2017
Fisher v. Fisher, Unpublished Decision (12-23-2004) green
ohioctapp · 2004
1 sentence

2016Id.

12016–2016
Comella v. Comella, 90969 (12-18-2008) green
ohioctapp · 2008
1 sentence

2011Comella v. Comella (Dec. 18), Cuyahoga App. No. 90969, 2008-Ohio-6673 , see also, R.C. 3105.171(A)(6)(a)(vii).

12011–2011
Morrison v. Steiner green
ohio · 1972
2 sentences

2005Waste Mgmt. of Ohio v. Bd. of Health of the City of Cincinnati, Franklin App. No. 04AP-437, 2005-Ohio-1153 at ¶ 41 , citing Morrison v. Steiner (1972), 32 Ohio St.2d 86 , 61 Ohio Op. 2d 335 , 290 N.E.2d 841 , paragraph one of the syllabus. "`Jurisdiction does not relate to the rights of the parties, but to the power of the court. '" Waste Mgmt. of Ohio, supra, citing State ex rel.

2005Waste Mgmt. of Ohio v. Bd. of Health of the City of Cincinnati, Franklin App. No. 04AP-437, 2005-Ohio-1153 at ¶ 41 , citing Morrison v. Steiner (1972), 32 Ohio St.2d 86 , 61 Ohio Op. 2d 335 , 290 N.E.2d 841 , paragraph one of the syllabus. "`Jurisdiction does not relate to the rights of the parties, but to the power of the court. '" Waste Mgmt. of Ohio, supra, citing State ex rel.

12005–2005
Waste Management of Ohio, Inc. v. Board of Health green
ohioctapp · 2005
2 sentences

2005Waste Mgmt. of Ohio v. Bd. of Health of the City of Cincinnati, Franklin App. No. 04AP-437, 2005-Ohio-1153 at ¶ 41 , citing Morrison v. Steiner (1972), 32 Ohio St.2d 86 , 61 Ohio Op. 2d 335 , 290 N.E.2d 841 , paragraph one of the syllabus. "`Jurisdiction does not relate to the rights of the parties, but to the power of the court. '" Waste Mgmt. of Ohio, supra, citing State ex rel.

2005Waste Mgmt. of Ohio v. Bd. of Health of the City of Cincinnati, Franklin App. No. 04AP-437, 2005-Ohio-1153 at ¶ 41 , citing Morrison v. Steiner (1972), 32 Ohio St.2d 86 , 61 Ohio Op. 2d 335 , 290 N.E.2d 841 , paragraph one of the syllabus. "`Jurisdiction does not relate to the rights of the parties, but to the power of the court. '" Waste Mgmt. of Ohio, supra, citing State ex rel.

12005–2005
Austin v. United States green
scotus · 1993
2 sentences

1996In light of Austin’s intent to have the United States Circuit Courts of Appeal wrestle with determining what is an excessive fine, Austin, 509 U.S. at 622-624 , 113 S.Ct. at 2812-2813 , 125 L.Ed.2d at 506 , various federal circuit courts have adopted two principal tests, the instrumentality test and the proportionality test.

1996In light of Austin’s intent to have the United States Circuit Courts of Appeal wrestle with determining what is an excessive fine, Austin, 509 U.S. at 622-624 , 113 S.Ct. at 2812-2813 , 125 L.Ed.2d at 506 , various federal circuit courts have adopted two principal tests, the instrumentality test and the proportionality test.

11996–1996
Kaechele v. Kaechele green
ohio · 1988
1 sentence

1995Id., paragraph two of the syllabus. *383 On the other hand, a contract does not have to be fair or equitable to be enforceable.

11995–1995
Hoagland v. Hoagland green
· 1925
2 sentences

1927Since Hoagland v. Hoagland, 113 Ohio St., 228 , 148 N. E., 585 , husband and wife contemplating a separation may enter into an engagement by which each may release the other’s property from a claim for dower.

1927Since Hoagland v. Hoagland, 113 Ohio St., 228 , 148 N. E., 585 , husband and wife contemplating a separation may enter into an engagement by which each may release the other’s property from a claim for dower.

11927–1927
Scottish Union & National Insurance v. Bowland green
scotus · 1905
1 sentence

1922Co. v. Bowland, supra, at page 630, in the following language: “Examination of this section [2745, Revised Statutes] shows that it imposes a tax upon the business of the company in Ohio, and is not a property but a privilege tax.

11922–1922

Statutes the citing opinions construe

OH § Ohio Rev. Code § 3105.171 (5) OH § Ohio Rev. Code § 3105.18 (4) OH § Ohio Rev. Code § 2506.04 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 228 (1896–2026) CA 125 (1881–2026) TX 124 (1902–2026) NY 79 (1826–2026) WA 58 (1918–2026) IL 38 (1899–2024) AL 25 (1849–2026) TN 24 (1939–2024) CT 24 (1920–2022) NJ 24 (1934–2019) OH 21 (1922–2026) GA 20 (1899–2026) IN 19 (1894–2024) FL 19 (1921–2026) ME 19 (1974–2023) LA 18 (1943–2016) MA 18 (1919–2026) MO 18 (1867–2020) OR 18 (1920–2020) OK 17 (1912–1999) IA 16 (1905–2021) MI 15 (1952–2022) CO 15 (1895–2024) AZ 14 (1923–2024) MD 13 (1907–2016) NC 13 (1901–2016) MS 11 (1903–2017) VA 10 (1960–2018) WI 10 (1899–2008) AR 10 (1904–2006) UT 10 (1900–2024) NE 9 (1878–2022) SD 9 (1954–2025) NM 9 (1946–2019) MT 9 (1901–2018) KY 8 (1912–2026) NH 7 (1878–2022) KS 7 (1927–2014) ID 6 (1913–1984) SC 6 (1911–2023) AK 6 (1987–2022) ND 6 (1913–2018) VT 5 (2003–2023) WV 5 (1888–2004) RI 5 (1998–2026) MN 4 (1885–2004) WY 4 (1981–2004) DE 4 (1970–2024) DC 3 (1960–2001) HI 3 (1998–2021) PR 2 (1911–1953) NV 2 (2014–2026)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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