Defended Property Owner in Nuisance/Trespass Suit
Our client, a limited liability company, purchased property on the west side of Cincinnati that included a steep hill running down to a neighbor’s property. Prior to purchase, there was a landslide from our client’s property onto the neighbor’s property. As a result, our client was sued for nuisance, trespass, and quiet title. We filed Counter-Claims against the neighbor, including a claim for trespass because the neighbor had constructed a retaining wall on our property without our permission. Ultimately, the Ohio Court of Common Pleas granted our summary judgment motion against the neighbor on our client’s Counter-Claims, and the Court entered judgment in our client’s favor on all the claims asserted by the neighbor. The First District Court of Appeals affirmed the trial court’s decision. See R&R Family Invs. v. Plastic Moldings Corp., 1st Dist. Hamilton App. No. C-160382, 2016-Ohio-8125.