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Case Citations [i] (Fall 2025)

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                             THE AMERICAN


                             LAW INSTITUTE



                                      Fall 2025 Citations



                                    PROPERTY



Generally

Ohio App.2024.  Cit. generally in case cit. in sup. State, on behalf of its environmental protection
agency, filed a complaint for injunctive relief against husband, wife, and son who jointly owned three
properties and against three businesses that they operated on the properties, seeking civil penalties for
violations of Ohio's water-pollution-control laws on the properties. Following a bench trial, the trial
court entered judgment finding husband, wife, and son jointly and severally liable for the violations and
awarding damages that included civil penalties and injunctive relief This court affirmed, holding that
the penalties could be assessed against all recorded property owners, regardless of whether their actions
caused or contributed to the violations. The court rejected husband's argument that wife and son were
nominal owners of the properties who could not be jointly and severally liable for the violations,
reasoning that a nominal owner was a legal owner under the Restatement of Property, and that
husband failed to deny wife and son's individual liability at the pleadings stage or introduce any
argument or evidence during the trial to demonstrate their nominal status. State ex rel. Yost v. Wylie,
246 N.E.3d 1089, 1105.



                                DIVISION   I. INTRODUCTION

                CHAPTER 1. DEFINITION OF CERTAIN GENERAL TERMS

Introductory Note

C.A.6, 2025. Intro Note cit. in conc. op. Owners of a mobile home that was condemned and demolished
by the city filed a § 1983 action against city, alleging, among other things, that city deprived them of
their due process rights by not affording them the opportunity to be heard before the mobile home was
torn down. The district court granted summary judgment for city. This court reversed in part and
remanded, holding that there were issues of fact as to whether city provided owners with an adequate
opportunity to be heard before the mobile home was demolished. The concurrence raised concerns about
an evolving-standards approach to constitutional interpretation in which governments or city officials
were able to state they provided a constitutionally adequate process by determining that the property
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