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Tuesday, October 22, 2019

Property owners allege Ohio county seized interest without just compensation

Federal Court

By Carrie Bradon | Oct 11, 2019


Dann

CLEVELAND (Legal Newsline) — Two property owners are suing an Ohio county over allegations their ownership interest was seized without their constitutional right to just compensation.

Tarrify Properties LLC and Denise Gutta, individually and on behalf of all others similarly situated, filed a complaint on Oct. 1 in the U.S. District Court for the Northern District of Ohio against Cuyahoga County, Ohio, alleging violation of constitutional rights.

The suit states that the defendant instituted a tax foreclosure case before the Board of Revision against Tarrify Properties on Aug. 23, 2018, on a parcel of land on Miles Avenue in Cleveland. The suit states at the time the complaint was filed, the county's fiscal officer valued the property at $176,800 and the amount of delinquent taxes and other fees was valued at $18,638.45. The property was eventually transferred to a land bank.

Tarrify Properties alleges the difference between the certified value of the property and the amount of impositions on it was $158,161.55, but it did not receive any compensation.

Due to the defendant's actions, Tarrify Properties alleges it has been caused to suffer denial of title, possession, use and enjoyment of their property, which was taken by the defendant for public use without just compensation.

Gutta also alleges the defendant's treasurer initiated a tax foreclosure on a Behrwald Avenue, Cleveland property in 2016 and she also did not receive just compensation.

The plaintiffs are seeking trial by jury, attorneys' fees, court costs, interest and just relief. They are represented by Marc E. Dann, Brian D. Flick, Emily White of DannLaw in Cleveland; Charles Gruenspan of Charles Gruenspan Co. in Cleveland; Andrew M. Engel of Andrew M. Engel Co. in Dayton, Ohio; and Thomas A. Zimmerman Jr. and Matthew C. De Re of Zimmerman Law Offices in Chicago.

United States District Court for the Northern District of Ohio case number 1:19-CV-02293

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U.S. District Court for the Northern District of Ohio Cleveland Division

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