Ohio Supreme Court Declines to Reconsider Award of Attorney’s Fees in Complex Eminent Domain Abandonment Matter

On October 29, 2024, the Ohio Supreme Court declined to accept jurisdiction in City of North Ridgeville v. Sharon Zilka, et al., Lorain Cty., Case No. 23 CA012047 (9th Dist.).  

The case itself has a somewhat unusual background. On September 22, 2022, the City of North Ridgeville filed a Petition to Appropriate Property and to Fix Compensation (the “Petition”). When the property owner raised jurisdictional challenges to the Petition, the condemning authority voluntarily dismissed and then re-filed in an effort to purportedly avoid unnecessary delay.

Subsequently, the property owner filed a motion for attorneys’ fees, contending that the voluntary dismissal was an abandonment of proceedings under R.C. 163.21 and that costs and fees should, therefore, be awarded. The Ninth District agreed, and the City subsequently appealed to the Ohio Supreme Court.

On appeal, while the City contended that the case was of public and great general interest, the Ohio Supreme Court ultimately declined to grant jurisdiction. In its jurisdictional pleading, the City contended that this was a matter of first impression for the Court.

Sharon Zilka did not choose for the City to file its Petition; the appropriation was forced on her. She was subsequently forced to engage legal counsel to protect her interests. To the extent that the property owner incurred legal fees and costs in challenging an eminent domain action the City subsequently dismissed of its own volition, it seems just and appropriate that the City should reimburse her for these legal fees and costs. It is the opinion of this writer that the Ninth District got it right here.