Lorain Cty. Treasurer v. Bray

Summary

The Ninth District Court of Appeals of Ohio affirmed a Lorain County Court of Common Pleas judgment ordering a sheriff’s sale of several parcels due to unpaid real estate taxes, assessments, charges, and penalties. The court held that the appellants forfeited challenges to the competency of the Treasurer’s summary-judgment evidence by failing to raise them below and rejected the argument that the judgment was not final or violated due process as to a tenant defendant. The court characterized the tax foreclosure as an in rem proceeding and overruled both assignments of error.

Holdings

1. The Brays forfeited their appellate challenges to the competency and adequacy of the Treasurer's evidence because those arguments were not presented to the trial court. The Treasurer's affidavits and parcel records were also sufficient to meet its initial summary-judgment burden.
2. The judgment was final and did not violate Michael Bray's due-process rights. A tax foreclosure under R.C. 5721.18 is an in rem proceeding against the land, not a personal action against an owner or tenant; the trial court did not enter a personal judgment against Michael Bray, and the Brays did not establish noncompliance with the statutory foreclosure procedure.

Questions Presented

1. Whether the trial court properly granted summary judgment to the Treasurer despite the Brays' appellate challenges to the competency and sufficiency of the Treasurer's evidence.
2. Whether the trial court could grant summary judgment and order a sheriff's sale without separately seeking summary judgment against Michael Bray, and whether the judgment was final and comported with due process.

Disposition

affirmed