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Cite as Toledo v. Allen, 2005Ohio1781. IN THE COURT OF APPEALS OF OHIO SIXTH APPELLATE DISTRICT LUCAS COUNTY City of Toledo Appealed Court of Appeals No. L041237 Trial Court No. CVF0310966 v. Jimmy
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About toledo v. allen
The document is a decision and judgment entry from the Court of Appeals of Ohio regarding a case involving the City of Toledo and Merle's Automotive, Inc. The court found that Merle's Inc. and Jimmy V. Allen were jointly and severally liable for costs incurred by the city for abating a public nuisance on a property owned by the appellants. The trial court had determined that Merle's Inc. was an 'owner' of the property under the Toledo ordinance, and Allen was individually liable as the controlling shareholder of the corporation. However, the Court of Appeals reversed the judgment, stating that there was insufficient evidence to support these findings, and dismissed appellee's claims against the appellants.
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The case is Toledo v. Allen, 2005-Ohio-1781.
Appellants are Merle's Automotive, Inc. and Jimmy V. Allen.
The trial court found appellants jointly and severally liable for costs incurred by the city of Toledo in abating a public nuisance on property owned by the appellants.
The trial court dismissed the estate of Merle Schultz as a party.
Appellants raised three assignments of error: (1) failure to receive notice of failure to abate a nuisance, (2) not being owners of the subject property, and (3) piercing the corporate veil to hold Allen liable as the alter ego of Merle's Inc.
The trial court reversed the judgment and entered judgment in favor of appellants, dismissing appellee's claims.
Costs were assessed to appellee.
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