5310.37 Order restraining implementation of abolition of land registration. - Ohio Statutes

5310.37 Order restraining implementation of abolition of land registration.

Not later than two months after the adoption of a resolution of abolition, any person having registered land in the county may bring a civil action in the court of common pleas of the county, praying for an order restraining implementation of abolition of land registration. The board of county commissioners and county recorder shall be named as defendants.

The plaintiff shall describe with particularity in his complaint the error in the proceedings before the board, how the findings of the board resulting in adoption of the resolution of abolition were unreasonable, or why abolition of land registration is constitutionally invalid.

Within one month after an action is commenced under this section, the board shall prepare and file in the court a complete record of the evidence presented to or obtained by it in considering the merits of abolishing land registration in the county. The board shall cause the stenographic record of the public hearing to be transcribed.

The court is confined to the evidence presented to or obtained by the board, except that any party may move for leave to introduce additional evidence. The court shall grant such a motion only if the moving party shows that the evidence is newly discovered and could not, with reasonable diligence, have been discovered prior to the public hearing before the board.

The court shall enter an order dismissing the action unless it finds, upon the evidence presented to or obtained by the board and such additional evidence as it may have allowed, that abolition of land registration is constitutionally invalid, clear and convincing proof that there was error in the proceedings before the board, or clear and convincing proof that the findings of the board resulting in adoption of the resolution of abolition were unreasonable. If the court makes any of these findings, it shall enter an order enjoining the board and county recorder from implementing abolition of land registration in the county.

Any party may appeal from an adverse judgment in the same manner as in any other civil action.

Unless based upon a finding that abolition of land registration is constitutionally invalid, the entry of an order enjoining implementation of abolition of land registration does not bar the board from subsequently adopting a new resolution to consider the merits of abolishing land registration in the county.

This section is the sole means for judicial review of resolutions of abolition. Such resolutions are not appealable under section 2506.01 of the Revised Code.

Effective Date: 02-28-1991