Burt v. Stockport

[Cite as Burt v. Stockport, 2015-Ohio-3461.]
COURT OF APPEALS
MORGAN COUNTY, OHIO
FIFTH APPELLATE DISTRICT
DWIGHT L. BURT : JUDGES:
: Hon. W. Scott Gwin, P.J.
Plaintiff-Appellant : Hon. Sheila G. Farmer, J.
: Hon. Craig R. Baldwin, J.
-vs- :
:
VILLAGE OF STOCKPORT, ET AL. : Case No. 15 AP 0001
:
Defendants-Appellees : OPINION
CHARACTER OF PROCEEDING: Appeal from the Court of Common
Pleas, Case No. 10CV0072
JUDGMENT: Affirmed
DATE OF JUDGMENT: August 25, 2015
APPEARANCES:
For Plaintiff-Appellant For Defendants-Appellees
WILLIAM L. BURTON MICHAEL J. VALENTINE
119 Maple Street MELVIN J. DAVIS
Marietta, OH 45750 65 East State Street
4th Floor
Morgan County, Case No. 15 AP 0001 2
Columbus, OH 43215
Farmer, J.
{¶1} On April 13, 2010, appellant, Dwight Burt, filed a complaint against
appellees, Village of Stockport and various officials, claiming twenty-six instances of
conduct amounting to corrupt activity and violations of his constitutional rights regarding
water and sewer issues.
{¶2} On December 20, 2012, appellees filed a motion for summary judgment.
By journal entry filed December 11, 2014, the trial court granted the motion and
dismissed the complaint.
{¶3} Appellant filed an appeal and this matter is now before this court for
consideration. Assignment of error is as follows:
I
{¶4} "THE TRIAL COURT COMMITTED REVERSIBLE ERROR BY FAILING
TO MAKE FINDINGS SUPPORTING ITS DECISION."
I
{¶5} Appellant claims the trial court erred in not entering findings in granting
appellees' motion for summary judgment. We disagree.
{¶6} Pursuant to Civ.R. 52, "[f]indings of fact and conclusions of law required
by this rule and by Rule 41(B)(2) are unnecessary upon all other motions including
those pursuant to Rule 12, Rule 55 and Rule 56." See also Koch v. Etna Township, 5th
Dist. Licking Nos. CA-3643 and CA-3644, 1991 WL 148092 (July 18, 1991) ("Civ.R. 52
and Civ.R. 56 are incompatible rules and to apply one necessarily excludes the other").
{¶7} During oral argument, appellant's counsel conceded that Civ.R. 52 does
not apply to rulings for summary judgment under Civ.R. 56.
Morgan County, Case No. 15 AP 0001 3
{¶8} The sole assignment of error is denied.
{¶9} The judgment of the Court of Common Pleas of Morgan County, Ohio is
hereby affirmed.
By Farmer, J.
Gwin, P.J. and
Delaney, J. concur.
SGF/sg 807