NOTICE: RULE 2 OF THE OHIO SUPREME COURT RULES FOR THE REPORTING OF OPINIONS
IMPOSES RESTRICTIONS AND LIMITATIONS ON THE USE OF UNPUBLISHED OPINIONS.
UNITED WESTERN CORP., Plaintiff-Appellant,
CHURCH OF SCIENTOLOGY, MISSION OF CINCINNATI, Defendant-Appellee.
Court of Appeals of Ohio, Hamilton County.
June 30, 1982.
Mr. Stuart L. Richards, 906 Main Street, Suite 405, Cincinnati, Ohio 45202,
Mr. Donald C. Knapmeyer, P.O. Box 66, One Elseden Building, Tanners Lane,
Florence, Kentucky 41042, for Defendant-Appellee.
*1 This cause came on to be heard upon the appeal, the transcript of the
docket, journal entries and original papers from the Hamilton County Municipal
Court, the transcript of the proceedings, the briefs and the arguments of
On February 20, 1980, appellant and appellee signed a two year lease for a
store located in downtown Cincinnati. The term of the lease was from March,
1980 until February, 1982. The lease agreement contained the following
Default. In the event that: (a) the rent, or any part thereof, remains
unpaid for five days after it becomes due; . . . or, (f) Tenant fails to keep
any of the other covenants of this lease, it will be lawful for the Landlord to
reenter and repossess the premises and thereupon this lease shall terminate.
Appellee's representative, Kevin Wilson, testified that he had vacated the
premises in December of 1980 but had continued to pay rent through February of
1981. Mr. Wilson further testified that on March 26, 1981, he had attempted to
reenter the premises but was told by the building manager that he would have to
leave. While there, Mr. Wilson observed several desks and chairs not belonging
to the Church of Scientology. He testified that, "[i]t looked like they were
being stored. . . . There was [sic] cigarettes and an ash tray [on the
desk]." Appellant's witness, Alvin Lipson, admitted that in March
approximately five items of furniture belonging to another tenant were placed
in appellee's store for several days. On June 23, 1981, appellant filed a
complaint to recover rent for the months of March, 1981 through July, 1981.
After appellant had presented its case, appellee moved to dismiss under Civ.
R. 41(B)(2). The court granted the motion on the grounds that "there was a
reentry on this property in March and that under the terms of the lease, it
terminates the lease."
In his single assignment of error, appellant asserts that the court erred in
dismissing the complaint. We do not agree. The court, sitting as the trier of
fact, found that the landlord had reentered the premises, and the record
contains sufficient evidence to support that finding. The terms of the lease
are clear that a reentry terminates all obligations under the lease, including
the payment of rent.
Appellant's assignment of error is overruled and the judgment below affirmed.
SHANNON, P. J., BLACK and DOAN, JJ.
The Court has placed of record its own entry in this case on the date of the
release of this Decision.