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Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Aug 01 4:11 PM-18CV006544
0E261 - Bl
IN FRE COURT OF COMMON PLEAS
FOR FRANKLIN COUNTY, OHIO
BROOKVIEW COLUMBUS, LLC
626 RXR Plaza CASE NO.:
Uniondale, NY 13556,
Plaintiff,
WOLF DIAMOND LOCH, LLC, dba FUDGE
PARKVIEW AT HARTFORD LAKE
CONDOMINIUMS,
c/o National Registering Agents, Inc.
4406 Easion Commons Way, Ste. 125
Columbus, OH 43219,
Defendant.
COMPLAINT
Now comes, Plaintiff Brookview Realty Group, LLC, and for its Complaint states as
follows:
I During all times mentioned in this Complaint, Plaintiff, Brookview Realty Group,
LLC thereinafter “Plaintiff’} was and still has its principal place of b as set forth in the
caption above.
2 Plaintiff owns and operates Brookview Apartments, located at S418 Arbrook,
Columbus, Ohio 43228
a
At ail times mentioned herein, Defendant, Wolfe Diamond Loch, LLC
(hereinafter “Defendant’) owns and operates Parkview at Hartford Lake Condominiums, located
at the address set forth in the caption,
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4 Plaintiff's property is located adjacent to Defendant’s property and is located
downstream from Defendant’s property.
q FIRST CAUSE OF ACTION- NEGLIGENCE
a
2 Plaintiff incerporates the allegations contained in Paragraphs 1-4 above, as
though fully rewritten here.
6 A culvert runs underneath Defendant’s property.
7 Defendant has failed to keep the culvert free and clear of debris and as a result,
rainwater has been unable to drain. This has repeatedly caused severe flooding in Plaintiffs
parking fot.
8 Defendant knew or should have known of the substantial increase of surface water
runoff and flooding as a result of its failure to keep the culvert clear.
9. Plaintiff has expended a great amount of money to repair the damage of the
flooding.
10. Tenants have expressed ill-will toward plaintiff because they have not been able
to access their vehicles when flooding occurs; tenanis have been forced to wade in water once
they leave their apartments.
il. AS a result, Plaintiffs property has diminished in stature and became less
desi able as rental property.
12. Defendant owes a duty to use and maintain its land in a way that does not
interfere with Plaintiff's u 1 enjoyment of its own property.
4
} 33 Defendant exerc complete control over said culvert as if is located on
Defendant’s property. Therefore Defendant owes a duty of care to Plaintiff to prevent the culvert
~
from becoming ble ; d, 80 that Plai § property does not sulfer flood:
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14, Defendant's failure to maintain the culvert constitutes a breach of its duty of care.
5. Defendant’s breach bas caused Plaintiff to thus far expend One Hundred Eighteen
Thousand Bight Hundred Fifty Dollars and $2/100 ($118,850.82) for remedial work and Plaintiff
expects to incur further damages including costs for repair and remediation.
16. Plaintiff's reputation has been damaged as its tenants have publically berated
Plaintiff on social media by showing pictures of the flooding and as a result has caused harm to
Plaintiff.
in SECOND CAUSE OF ACTION. NUISANCE
17. Plaintiff incorporates the allegations contained in Paragraphs 1-16 above, as
though fully rewritten here.
18. Ohio has adopted a “reasonable use rule” dealing with damage caused by water
runoff created by an adjacent landowner.
19 The water nmoff and flooding from the culvert is substantial and unreasonable.
The gravity of the harm and the inconvenience to Plaintiff greatly outweigh the burden on
Defendant to ensure the culvert is clear.
26. The risk of flooding as a result of failing to maintain a culvert is foreseeable.
21. The foregoing conduct of Defendant constitutes a private nuisance in that the
water runoff and flooding interfere with Plaintiffs and its tenants’ enjoyment of the property.
22. Plaintiff and its tenants have not been able to enjoy the use of the property when
the parking lot flooded.
23. Plainu has had to rent equipment to drain the park 4 g lot and to make it
passable,
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24. Plaintiff bas good reason to believe that some tenants will not renew their lea
due to the reoccurring inconvenience. Additionally, due to negative references on social media,
potential tenants are less likely to rent from Plaintiff. Both of these scenarios harm Plaintiff.
23, The property is less valuable as a result of the actual flooding and the risk of
future flooding.
26. Plaintiff has paid the amount of One Hundred Eighteen Thousand Eight Hundred
Fifty Dollars and 82/100 ($118,850.82) thus far for purposes of repairing the property damaged
by flooding. Defendant has failed to compensate Plaintiff for these damages.
HE THIRD CAUSE OF ACTH INJUNCTION
27. Plaintiff incorporates the allegations contained in Paragraphs 1-26 above, as though
fully rewritten here.
28. Among the ongoing actions and misdeeds of Defendant is the damage to Plaintiff's
prem by failure to properly maintain the subject drainage pipe at their premises and other
actions causing interference with Plaintiffs use and enjoyment of iis adjoining premises.
29. Defendant has further intruded upon and damaged Plaintiifs premises by
discharging flooding and waste onto Plaintiff's residential building and premises.
40 Plaintiff has no adequate remedy at law because these intrusions into and
interference with Plaintiffs premises will continue without injunctive relicf and Defendant will
continue to nomisconduet at the subject premises causing further irreparable harm and
distress to Plainulf.
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Aug 01 4:11 PM-18CV006544
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31 if not enjoined from so doing, Defendant will continue to engage in misconduct at
the subject premises directly and proximately causing further loss of use and irreparable harm
and distress to Plaintiff.
WHEREFORE, Plaintiff Brookview Realty Group, LLC on the First Cause of Action
requests judgement against the Defendant Wolfe Diarnond Loch, LLC in the amount in excess of
$25,000, plus costs of litigation herein, pre-judgement and statutory post-judgement interest,
attorney fees, and court costs; and Plaintiff Brookview Realty Group, LLC on the Second Canse
of Action requests judgement against the Defendant Wolfe Diamond Loch, LLC in the amount in
excess of $25,000, plus costs of litigation herein, pre-judgement and statutory posi-judgement
interest, attorney fees, and court cos’ and Plaintiff Brookview Realty Group, LLC on the Third
Cause of Action requests a preliminary and permanent injunction against Defendant Wolfe
Diamond Loch, LLC from intentionally or negligently permitting and causing flood damage to
the Plaintiff's subject preperty until further order of the Court and attorney fees, and court costs.
{sf A.C. Strip
(001826
Joel R Campbe ( 0002421)
Attomeys for Plain
Strip, Hovrers, LEITHART, MCGRATH
& PERLECKY Co., L.PLA.
S75 S uth Third Street
umbus, OH 4 1s
(614 228-6345 (tele ene}
(614) 228. 6369 (facsimile)
clumbusliwyver. net
Page Sof S
Preview
Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Aug 01 4:11 PM-18CV006544 0E261 - Bl IN FRE COURT OF COMMON PLEAS FOR FRANKLIN COUNTY, OHIO BROOKVIEW COLUMBUS, LLC 626 RXR Plaza CASE NO.: Uniondale, NY 13556, Plaintiff, WOLF DIAMOND LOCH, LLC, dba FUDGE PARKVIEW AT HARTFORD LAKE CONDOMINIUMS, c/o National Registering Agents, Inc. 4406 Easion Commons Way, Ste. 125 Columbus, OH 43219, Defendant. COMPLAINT Now comes, Plaintiff Brookview Realty Group, LLC, and for its Complaint states as follows: I During all times mentioned in this Complaint, Plaintiff, Brookview Realty Group, LLC thereinafter “Plaintiff’} was and still has its principal place of b as set forth in the caption above. 2 Plaintiff owns and operates Brookview Apartments, located at S418 Arbrook, Columbus, Ohio 43228 a At ail times mentioned herein, Defendant, Wolfe Diamond Loch, LLC (hereinafter “Defendant’) owns and operates Parkview at Hartford Lake Condominiums, located at the address set forth in the caption, Page LofS Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Aug 01 4:11 PM-18CV006544 0E261 - BL 4 Plaintiff's property is located adjacent to Defendant’s property and is located downstream from Defendant’s property. q FIRST CAUSE OF ACTION- NEGLIGENCE a 2 Plaintiff incerporates the allegations contained in Paragraphs 1-4 above, as though fully rewritten here. 6 A culvert runs underneath Defendant’s property. 7 Defendant has failed to keep the culvert free and clear of debris and as a result, rainwater has been unable to drain. This has repeatedly caused severe flooding in Plaintiffs parking fot. 8 Defendant knew or should have known of the substantial increase of surface water runoff and flooding as a result of its failure to keep the culvert clear. 9. Plaintiff has expended a great amount of money to repair the damage of the flooding. 10. Tenants have expressed ill-will toward plaintiff because they have not been able to access their vehicles when flooding occurs; tenanis have been forced to wade in water once they leave their apartments. il. AS a result, Plaintiffs property has diminished in stature and became less desi able as rental property. 12. Defendant owes a duty to use and maintain its land in a way that does not interfere with Plaintiff's u 1 enjoyment of its own property. 4 } 33 Defendant exerc complete control over said culvert as if is located on Defendant’s property. Therefore Defendant owes a duty of care to Plaintiff to prevent the culvert ~ from becoming ble ; d, 80 that Plai § property does not sulfer flood: Page 2 of S Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Aug 01 4:11 PM-18CV006544 0E261 - BL 14, Defendant's failure to maintain the culvert constitutes a breach of its duty of care. 5. Defendant’s breach bas caused Plaintiff to thus far expend One Hundred Eighteen Thousand Bight Hundred Fifty Dollars and $2/100 ($118,850.82) for remedial work and Plaintiff expects to incur further damages including costs for repair and remediation. 16. Plaintiff's reputation has been damaged as its tenants have publically berated Plaintiff on social media by showing pictures of the flooding and as a result has caused harm to Plaintiff. in SECOND CAUSE OF ACTION. NUISANCE 17. Plaintiff incorporates the allegations contained in Paragraphs 1-16 above, as though fully rewritten here. 18. Ohio has adopted a “reasonable use rule” dealing with damage caused by water runoff created by an adjacent landowner. 19 The water nmoff and flooding from the culvert is substantial and unreasonable. The gravity of the harm and the inconvenience to Plaintiff greatly outweigh the burden on Defendant to ensure the culvert is clear. 26. The risk of flooding as a result of failing to maintain a culvert is foreseeable. 21. The foregoing conduct of Defendant constitutes a private nuisance in that the water runoff and flooding interfere with Plaintiffs and its tenants’ enjoyment of the property. 22. Plaintiff and its tenants have not been able to enjoy the use of the property when the parking lot flooded. 23. Plainu has had to rent equipment to drain the park 4 g lot and to make it passable, Page 3 of $ Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Aug 01 4:11 PM-18CV006544 0E261 - BL 24. Plaintiff bas good reason to believe that some tenants will not renew their lea due to the reoccurring inconvenience. Additionally, due to negative references on social media, potential tenants are less likely to rent from Plaintiff. Both of these scenarios harm Plaintiff. 23, The property is less valuable as a result of the actual flooding and the risk of future flooding. 26. Plaintiff has paid the amount of One Hundred Eighteen Thousand Eight Hundred Fifty Dollars and 82/100 ($118,850.82) thus far for purposes of repairing the property damaged by flooding. Defendant has failed to compensate Plaintiff for these damages. HE THIRD CAUSE OF ACTH INJUNCTION 27. Plaintiff incorporates the allegations contained in Paragraphs 1-26 above, as though fully rewritten here. 28. Among the ongoing actions and misdeeds of Defendant is the damage to Plaintiff's prem by failure to properly maintain the subject drainage pipe at their premises and other actions causing interference with Plaintiffs use and enjoyment of iis adjoining premises. 29. Defendant has further intruded upon and damaged Plaintiifs premises by discharging flooding and waste onto Plaintiff's residential building and premises. 40 Plaintiff has no adequate remedy at law because these intrusions into and interference with Plaintiffs premises will continue without injunctive relicf and Defendant will continue to nomisconduet at the subject premises causing further irreparable harm and distress to Plainulf. Page 4 of § Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Aug 01 4:11 PM-18CV006544 0E261 - BL 31 if not enjoined from so doing, Defendant will continue to engage in misconduct at the subject premises directly and proximately causing further loss of use and irreparable harm and distress to Plaintiff. WHEREFORE, Plaintiff Brookview Realty Group, LLC on the First Cause of Action requests judgement against the Defendant Wolfe Diarnond Loch, LLC in the amount in excess of $25,000, plus costs of litigation herein, pre-judgement and statutory post-judgement interest, attorney fees, and court costs; and Plaintiff Brookview Realty Group, LLC on the Second Canse of Action requests judgement against the Defendant Wolfe Diamond Loch, LLC in the amount in excess of $25,000, plus costs of litigation herein, pre-judgement and statutory posi-judgement interest, attorney fees, and court cos’ and Plaintiff Brookview Realty Group, LLC on the Third Cause of Action requests a preliminary and permanent injunction against Defendant Wolfe Diamond Loch, LLC from intentionally or negligently permitting and causing flood damage to the Plaintiff's subject preperty until further order of the Court and attorney fees, and court costs. {sf A.C. Strip (001826 Joel R Campbe ( 0002421) Attomeys for Plain Strip, Hovrers, LEITHART, MCGRATH & PERLECKY Co., L.PLA. S75 S uth Third Street umbus, OH 4 1s (614 228-6345 (tele ene} (614) 228. 6369 (facsimile) clumbusliwyver. net Page Sof S