Friday First District Roundup 7-9-21

Miami Township Board of Trustees, Kimberly Campbell, David Campbell, Richard Cox, William Keyer, Judith Lambert, Eric Schumann, Connie Weber, Shirley Wheeler v. Michael J. Weinle, Michael Weinle Enterprises, Inc., Michael J. Auto Sales, Weinle Motorsports  
Case # C200238
Quote from Judge Hendon's Opinion:
Defendants-appellants Michael J. Weinle, Michael Weinle Enterprises, Inc., Michael J. Auto Sales, and Weinle Enterprises (“Weinle”), appeal the trial court’s issuance of an injunction against construction and operation of the Dirt Track.
Over the course of two years, Weinle constructed a dirt racetrack (“Dirt Track”) at Edgewater Sports Park next to a paved drag strip1 which has existed at Edgewater Sports Park since 1954.
In August 2019, the Miami Township Board of Trustees and several residents (“Miami Township”) collectively filed a complaint against Weinle seeking a temporary restraining order (“TRO”), preliminary injunction, permanent injunction and other relief from the pending opening of the Dirt Track that month. The complaint stated that, with the Dirt Track being situated 250-500 feet from each of the plaintiffs-residents’ respective properties, operation of the track would bring an influx of traffic, noise, dust migration, lighting and other nuisances, which would cause irreparable harm to the residents. It claimed that the progress of construction of the Dirt Track, the date of the track’s opening, and the schedule of events to come had been posted on the Dirt Track’s website and Facebook pages. 


State of Ohio v. Ibin Freeman 
Case #C190751
Quote from Judge Crouse's Opinion:
Defendant-appellant Ibin Freeman pled guilty to four counts of robbery, one count of aggravated robbery with an accompanying firearm specification, one count of attempted felonious assault, and one count of failure to comply with an order of a police officer. He was sentenced to nine and a half years in prison.
In three assignments of error, Freeman argues that the trial court erred (1) in accepting his guilty pleas because they were not made knowingly, voluntarily, or intelligently, (2) in notifying him that he was required to enroll in the violent offender registry, and (3) in failing to include credit for time served in its sentencing entry.
We overrule the first assignment of error and sustain the second and third assignments of error. We remand for the trial court to correct the sentencing entry to include the number of days for which Freeman is entitled to credit for time served and to remove the requirement that Freeman enroll in the violent offender registry. 


M. Lear Curtis, Trustee, True Holiness Church of God of Mt. Auburn,  True Holiness Church of God of Mt. Auburn v. Deborah L. Phillips, New Beginnings Church of God, and True Holiness Church of God of Mt. Auburn v. M. Lear Curtis, Edith Thrower, Marilyn Washington, Helen Curtis 
Case #C190517
Quote from Judgment Entry: In the case numbered A-1606644, M. Lear Curtis, on behalf of True Holiness Church of God of Mt. Auburn (“THC”), filed an action against Deborah L. Phillips and New Beginnings Church of God (“Phillips”) for trespass and fraud, seeking damages and a permanent injunction enjoining Phillips from entering the THC property. Curtis alleged that his mother, Gearldine Curtis White (“Gearldine”), was the pastor of THC, and that following Gearldine’s death in October 2016, Phillips trespassed on THC property, caused damage to the property, and took actions on behalf of THC without authorization. Curtis later amended his complaint to add THC as a plaintiff and to request a temporary restraining order (“TRO”) and preliminary and permanent injunctions enjoining Phillips from entering THC, interfering with the activities of THC, or taking actions on its behalf. In addition, Curtis and THC sought a judgment declaring that Curtis, Edith Thrower, and Donnie Rutherford are the legitimate members of the THC Board of Trustees and that Phillips is not a member of THC’s Executive Board or Board of Trustees. 


State of Ohio v. Quantez Wilcox 
Case #C190495
Quote from Judge Crouse's Opinion:
Defendant-appellant Quantez Wilcox pled guilty to receiving stolen property and possession of fentanyl. The receiving-stolen-property charge related to the theft of credit card information from Ruth Strayhorn. Documents containing Strayhorn’s JC Penny credit card number were stolen from her home. On January 19, 2019, Wilcox used a card with Strayhorn’s card information to purchase $1,956.88 worth of merchandise from JC Penny. The credit card company, Synchrony Bank, c/o JC Penny, (“Synchrony Bank”) reported the amount of loss at $2,682.74 in its victim-impact statement.
As part of his sentence, Wilcox was ordered to pay court-appointed counsel fees and $2,682.74 in restitution to Strayhorn. He has appealed, arguing in two assignments of error that the restitution order was contrary to law and the court erred in imposing court-appointed-counsel fees. We sustain both assignments of error and vacate the portions of Wilcox’s sentence relating to restitution and court appointed-counsel fees. 


Christopher Ruehmer, Michelle Lehman, Lindsay Anderson, Rachel Baldwin, Linda Borowicz, Alicia Essert, Charles Hains, Marcus Sherman, Dennis Barnette, Robert Nelson v. Queen Ciry Lodge No. 69, Fraternal Order of Police, Dan Hils, President of Queen City Lodge No. 69, Fraternal Order of Police
Case #C200389
Quote from Judge Myers' Opinion:
Plaintiffs-appellants Christopher Ruehmer, Michelle Lehman, Lindsay Anderson, Rachel Baldwin, Linda Borowicz, Alicia Essert, Charles Hains, Marcus Sherman, Dennis Barnette, and Robert Nelson (collectively referred to as plaintiffs) appeal from the trial court’s entry dismissing their complaint against defendantsappellees Queen City Lodge No. 69, Fraternal Order of Police (“FOP”) and Dan Hils, president of the FOP, for lack of subject-matter jurisdiction.
In a single assignment of error, the plaintiffs argue that the trial court erred in determining that it did not have subject-matter jurisdiction over the claims asserted in the complaint. Because the plaintiffs’ claims arose out of and were inextricably intertwined with the collective-bargaining rights contained in R.C. Chapter 4117, we hold that the trial court correctly determined that the State Employment Relations Board (“SERB”) had exclusive jurisdiction over the claims, and we affirm its judgment. 


State of Ohio v. Brandon Padgett
Case #C200328
Quote from Judge Winkler's Opinion:
Following a bench trial, defendant-appellant Brandon Padgett was convicted of one count of operating a vehicle without reasonable control under R.C. 4511.202 and one count of operating a vehicle under the influence of alcohol under R.C. 4511.19(A)(1)(A) (“OVI”). We find no merit in his two assignments of error, and we affirm his convictions.
The record shows that at approximately 3:00 a.m. on December 28, 2019, Officer Nick Price of the Hamilton County Sheriff’s Office was dispatched to the scene of an automobile accident in the area of 9585 Union Cemetery Road. When he arrived, police officers from the city of Loveland were already on the scene. They directed Officer Price to a car that was off the roadway.
Officer Price walked to the side of the road and saw a navy blue Dodge Challenger or Charger overturned in a wooded area. The car had also rotated after hitting a tree so that the front of the car faced the road. The officer could see brake marks on the road indicating that the car had crossed the yellow line and went off the road, and downed trees showing the path the car took before it hit the tree.


Best Financial Solutions, LLC. v. Tifton Custom Packaging, LP., Southern Exposure Farms, LLC., Chardel Cattle Ranch, LLC., Trampis Dowdle, Jason Brown 
Case #C200138
Quote from Judge Bock's Opinion:
Plaintiff-appellant Best Financial Solutions, LLC., (“Best Financial”) appeals the trial court’s judgment. For the following reasons, we remand this case to the trial court for entry of a final judgment.
Procedure
Best Financial filed a complaint against Tifton Custom Packaging, L.P., Southern Exposure Farms, LLC, Chardel Cattle Farms, LLC, (collectively, “the Companies”), Trampis Dowdle, and Jason Brown.
The trial court granted default judgment against the Companies. After a jury returned a verdict against Brown and Dowdle, the trial court entered a nonfinal judgment.
In December 2019—before the trial court had entered its final judgment—Brown and Dowdle each filed notices of appeal with this court.
In February 2020, the trial court entered its final judgment, which ordered a new trial. A few days later, Brown and Dowdle voluntarily dismissed their appeals. Best Financial appealed the trial court’s judgment.