Keating Muething & Klekamp wins court order banning demolition of client's historic buildings

CINCINNATI, OH —  In a decision filed May 20, 2010, the Highland County (Ohio) Court of Common Pleas ruled in favor of Keating Muething & Klekamp’s client and granted its motion for summary judgment.  At issue in this case, Jack I. Hope v. City of Hillsboro, Case Number 09 CV 341, are historic buildings known as the Parker House on West Main Street in Hillsboro, owned by the Plaintiff, Jack I. Hope.  Highland County Common Pleas Court Judge Rocky A. Coss found the city ordinance, HCO 150.05, under which the city sought to demolish the buildings, to be in conflict with Ohio law as well as to be unconstitutional.

Lead attorney for the Plaintiff, Joseph L. Trauth, Jr. of the law firm of Keating Muething & Klekamp (KMK^®), stated that he was pleased for his client that the nearly year-long litigation has concluded in his client’s favor.  “The city ordinance clearly was unconstitutional on its face as it did not allow due process to owners of buildings in the city of Hillsboro — a right that is guaranteed under the Fourteenth Amendment to the U.S. Constitution and the Ohio Constitution,” said Trauth.

In June 2009, Hope received a letter stating that the city intended to solicit bids for the demolition of his buildings.  On behalf of its client, KMK responded by filing a complaint with the court.  The Defendant, the City of Hillsboro, filed its answer and counterclaim seeking Court approval for the demolition of the buildings.

In April 2010, KMK filed a motion for summary judgment on behalf of its client, stating that the Hillsboro City Ordinance Section 150.05 is in direct conflict with Ohio law (R.C. 715.26) which provides that at least 30 days written notice of intent to demolish or repair a building must be given; the city ordinance requires only 14 days notice of intent to demolish, and does not provide for repairs of structures, only removal.  The Court found that the provisions of the city ordinance were in direct conflict with Ohio law and deemed the ordinance invalid.

The Court further ruled that the city ordinance is invalid as it does not provide building owners with a meaningful administrative review of the determinations of the city housing inspector — who acts as both property inspector and the reviewing officer if any objections are filed, and makes the final determination without an opportunity for building owners to appeal to any other city agency — effectively violating the due process rights of building owners.

Judge Coss granted Plaintiff’s motion for summary judgment and entered judgment in Plaintiff’s favor, additionally ordering the city to pay court costs.  Attorneys for the Plaintiff were Joseph L. Trauth, Jr. and Barrett P. Tullis of Keating Muething & Klekamp PLL.

About Keating Muething & Klekamp PLL

The law firm of Keating Muething & Klekamp PLL (KMK^®), based in Cincinnati, Ohio, is a nationally-recognized law firm delivering sophisticated legal solutions to businesses of all sizes — from Fortune 500 corporations to start-up companies. KMK has been recognized as a leading law firm in general commercial litigation, bankruptcy and restructuring law, and corporate and mergers & acquisitions law in the 2010 edition of Chambers USA: America’s Leading Business Lawyers^®. KMK has been ranked #1 in Ohio in project finance law and #1 in Cincinnati in corporate law, municipal law, employee benefits law, land use & zoning law, project finance law, and real estate law in the 2010 edition of Best Lawyers in America^®. Founded in 1954, KMK has approximately 115 lawyers and a support staff of 150 employees.  Additional information is available at www.kmklaw.com.