OPERATION CLAMBAKE: SCIENTOLOGY COURT FILES

Part of a public library containing court papers related to lawsuits involving Scientology in some way. Collected to help lawyers and critics of Scientology in future lawsuits from or against this cult. Please report back if this has been of help, or send new contributions to the collection. Thanks. Andreas Heldal-Lund (heldal@online.no)




  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    IMPOSES RESTRICTIONS AND LIMITATIONS ON THE USE OF UNPUBLISHED OPINIONS.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,
                                       v.
        CHURCH OF SCIENTOLOGY, MISSION OF CINCINNATI, Defendant-Appellee.
                                  NO. C-810796.
                   Court of Appeals of Ohio, Hamilton County.
                                 June 30, 1982.
  Mr. Stuart L. Richards, 906 Main Street, Suite 405, Cincinnati, Ohio 45202,
 for Plaintiff-Appellant.
  Mr. Donald C. Knapmeyer, P.O. Box 66, One Elseden Building, Tanners Lane,
 Florence, Kentucky 41042, for Defendant-Appellee.
                                    DECISION.

  PER CURIAM.
  *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
 counsel.
  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
 provision:
   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.
 (Emphasis added.)
  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.
  PLEASE NOTE:
  The Court has placed of record its own entry in this case on the date of the
 release of this Decision.

End of file...