Ohio Supreme Court Rules on Deed Restriction Case

Attorney Frederick M. Lombardi provides the following update on a recent Ohio Supreme Court decision:

In Cincinnati School Dist. Bd. of Edn. v. Connors, 2012-Ohio-2447, the Ohio Supreme Court, on June 6, 2012, addressing a deed restriction by the Cincinnati City School District Board providing that the property would not be used for educational purposes except if repurchased by the seller, affirmed the lower court’s finding that the restriction was unenforceable as against public policy, because it frustrated the State’s intention to make classroom space available to community schools, citing legislative history and changes to R.C. § 3313.41 governing the sale or donation of school buildings.