The Press Newspaper

Toledo, Ohio & Lake Erie

The Press Newspaper

The Press Newspaper


The Ohio Sixth District Court of Appeals has decided a property line dispute in the Village of Genoa.

The dispute stemmed from a requirement of the Ottawa County Department of Children’s Services in 2003 for Deanna Vizi, who operates a day care center, to have a fence erected to separate that property from adjacent property where the owners, Mark and Patricia McDaniel, had constructed a swimming pool.

To determine the fence location, Charles and Deanna Vizi relied on the village’s zoning inspector approval of the property line set by a contractor’s marking of the area, according to court records.

Mr. McDaniel disputed the fence location but lacked resources at the time to take action, court records say.

But in 2013, the McDaniels hired a licensed surveyor to determine the property lines and that survey indicated the fence encroached on adjacent property by 1.68 feet on the west side and 2.23 feet along the east.

After the Vizis refused a request to move the fence, the McDaniels filed a complaint in Ottawa County Common Pleas Court. The Vizis filed a counterclaim that alleged the swimming pool violated village zoning ordinances.

Last November, the court ruled in favor the McDaniels, finding that the survey was sufficient evidence of encroachment. The court also ruled the Vizis’ claim that the delay in filing a lawsuit should have barred the McDaniels from filing a claim was unfounded.

The appeals court agreed with the common pleas court.

“We find that substantial justice has been done the parties complaining, and the judgment of the Ottawa County Court of Common Pleas is affirmed,” the appeals court wrote.

The decision was announced earlier this month.




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