Trautwein v. Sorgenfrei
Decision Date | 27 June 1979 |
Docket Number | No. 78-1294,78-1294 |
Citation | 391 N.E.2d 326,58 Ohio St.2d 493 |
Parties | , 12 O.O.3d 403 TRAUTWEIN, Trustee, et al., Appellees, v. SORGENFREI, Exec. Dir., et al., Appellants. |
Court | Ohio Supreme Court |
Syllabus by the Court
A point of law or a fact which was actually and directly in issue in the former action, and was there passed upon and determined by a court of competent jurisdiction, may not be drawn in question in a subsequent action between the same parties or their privies. The prior judgment estops a party, or a person in privity with him, from subsequently relitigating the identical issue raised in the prior action. (
On February 1, 1977, plaintiffs-appellees filed a complaint in the Court of Common Pleas of Wood County against the defendants-appellants. The complaint alleged that overflow from the sewer drainage and storm sewer system of the city of Bowling Green had damaged appellees' property to the extent that the city had appropriated it without due process of law. Appellees sought, among other modes of relief, a writ of mandamus directing appellants to commence and complete appropriation proceedings to ascertain "just compensation" for the damage that had taken place.
On March 14, 1977, appellants answered and filed a motion to dismiss and memorandum in support thereof asserting that the present suit was barred in light of the doctrine of Res judicata. Appellants contended that a prior judgment of the Court of Common Pleas of Wood County in case No. 76-CIV-55 estopped the present plaintiffs-appellees from relitigating issues raised in the present lawsuit.
On April 19, 1977, the trial court filed its memorandum decision and judgment entry dismissing the complaint. In a split decision the Court of Appeals reversed and remanded the cause for further proceedings consistent with the majority opinion.
The cause is now before this court pursuant to the allowance of a motion to certify the record.
Hanna & Hanna and M. Shad Hanna, Bowling Green, for appellees.
Ritter, Boesel, Robinson & Marsh and William S. McCready, Toledo, for appellants.
The fundamental issue examined by both the trial court and the Court of Appeals concerns the concept of Res judicata and its application to the record before us. The doctrine of Res judicata is separated into two distinct principles as explained by this court in Whitehead v. Genl. Tel. Co. (1969), 20 Ohio St.2d 108, at page 112, 254 N.E.2d 10, at page 13:
Both aspects of Res judicata were raised in appellants' motion to dismiss although the trial judge restricted his scrutiny and decision to the concept of "estoppel by judgment." The assignment of error raised in the Court of Appeals merely asserted that the granting of the motion to dismiss was against the weight of the evidence and "contrary to law." However, both facets of Res judicata were addressed in the briefs of the respective parties.
The Court of Appeals did not discuss the dichotomy inherent in that doctrine, but merely held that the doctrine of Res judicata was not dispositive relying on a general definition of that term found in Bouvier's Law Dictionary. In Judge Wiley's dissenting opinion he concluded that the concept of collateral estoppel created a bar to the present suit.
In order to determine whether either aspect of Res judicata applies it is necessary to examine the first lawsuit involving these parties. On March 4, 1976, plaintiffs-appellees James Trautwein, Trustee of the Howard Trautwein Memorial Trust, Clarence Nopper and Douglas R. Valentine, d. b. a. Haven House Manor Ltd., filed a complaint against Robert Sorgenfrei, Executive Director of Municipal Utilities, City of Bowling Green, et al., in the Court of Common Pleas of Wood County in case No. 76-CIV-55. The other defendants, also city officials, were the Utilities Engineer, the Municipal Administrator, and the members of both the Board of Public Utilities and the Department of Public Utilities. All the named defendants were charged with the operation and management of the city's sewer system.
The complaint alleged that the property of the plaintiffs had been damaged by flooding caused by the city's sewer system. In paragraph No. 5 of the complaint it was alleged that the flooding was due to a negligent failure of the defendants to perform their lawful duties creating irreparable damage to the plaintiffs to which there was no adequate remedy at law. In addition, it was alleged that the acts on the part of the defendants constituted a "taking of property without due process of law."
The complaint sought injunctive relief forbidding the addition of any new users to the sewer system served by the lift station currently servicing the plaintiffs. Moreover, it sought a mandatory injunction ordering the defendants "to immediately and forthwith rent, purchase or procure sufficient standby, supplemental or breakdown equipment to handle the load now entering the existing pump station and all peak loads that may occur in the future * * *."
On June 15, 1976, the trial judge rendered his decision and came to the following conclusions concerning the appellees' responsibility for the flooding that had occurred:
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