Ohio Residents Vie to Revive Suit Over County Foreclosure Scheme

Cuyahoga County, Ohio is committing unconstitutional takings by not providing the surplus funds from tax foreclosures, plaintiffs in a proposed class action told a state appeals court.

The trial court erred in finding that the plaintiffs couldn’t seek damages claims under the Takings Clause of the state constitution, they said in a Monday brieffiled in the the Ohio Court of Appeals, Eighth District.

Additionally, the county’s tax foreclosure scheme provides no remedy for former homeowners to seek surplus funds that exceed their tax debts after their property was foreclosed, the plaintiffs said.

“Remember, just compensation is not simply a ...