Huber Heights Veterans Club, Inc. v. Grande Voiture D'ohio La Societe Des 40 Hommes Et 8 Chevaux

2021-Ohio-2784

HUBER HEIGHTS VETERANS CLUB, INC. Plaintiff-Appellant v. GRANDE VOITURE D'OHIO LA SOCIETE DES 40 HOMMES ET 8 CHEVAUX, et al. Defendants-Appellees

No. 29095

Court of Appeals of Ohio, Second District, Montgomery

August 13, 2021

Civil Appeal from Common Pleas Court Trial Court Case No 2021-CV-1227

CHARLES J. SIMPSON, Atty. Lammes Lane, Attorney for Plaintiff-Appellant, Huber Heights Veterans Club, Inc.

KEVIN A. BOWMAN, Atty. Attorney for Defendant-Appellee, Grande Voiture D'Ohio La Societe des 40 Hommes et 8 Chevaux

EDWARD J. DOWD, Atty. & CHRISTOPHER T. HERMAN, Atty. Attorneys for Defendant-Appellee, Voiture Nationale La Societe des 40 Hommes et 8 Chevaux

OPINION

EPLEY J.

{¶ 1} Huber Heights Veterans Club, Inc. ("HHVC") appeals from a judgment of the Montgomery County Court of Common Pleas, which granted summary judgment to Grande Voiture d'Ohio La Societe des 40 Hommes et 8 Chevaux ("Grande Voiture") and Voiture Nationale la Societe des 40 Hommes et 8 Chevaux ("Voiture Nationale") on HHVC's claims for "Theft of Chattels and Damages to Property." The trial court concluded that HHVC's claims were barred by res judicata. For the following reasons, the trial court's judgment will be affirmed.

I. Facts and Procedural History

{¶ 2} This appeal represents the latest in a long line of appeals involving the national, state, and local levels of The Forty and Eight, a veterans association. We have detailed the facts underlying the various disputes in our prior opinions, and we summarize them here.

{¶ 3} The Forty and Eight has a hierarchical structure consisting of a national organization and associated state and local organizations. Voiture Nationale is the national organization, and Grande Voiture is the Ohio state-level organization. Montgomery Voiture Locale No. 34 La Societe des 40 Hommes et 8 Chevaux ("Voiture Locale") is the county-level organization in Montgomery County. HHVC purports to be a successor organization to Voiture Locale that is no longer associated with The Forty and Eight.

{¶ 4} At some point, Voiture Locale began engaging in conduct that was contrary to the constitution, bylaws, and other governing documents of the national and state-level organizations. Among other things, Voiture Locale adopted an amended constitution, elected a new board of governors under that amended constitution, created an auxiliary membership, and failed to pay national dues.

{¶ 5} In 2017, Grande Voiture initiated internal disciplinary proceedings against Charles Simpson, one of the local organization's officers under the new constitution, and permanently expelled him from membership for life. Following that determination, Voiture Locale resolved to prohibit Grande Voiture officials from entering Voiture Locale's premises, located at 4214 Powell Road in Huber Heights. Another member of Voiture Locale, however, filed a criminal trespass complaint against Simpson with the Huber Heights police.

{¶ 6} In 2018, Grande Voiture brought an action against Voiture Locale seeking declaratory and injunctive relief, and an accounting. Montgomery C.P. No. 2018-CV-1457. Voiture Locale filed a counterclaim against Grande Voiture and a third-party complaint against Voiture Nationale, alleging that Grande Voiture and Voiture Nationale engaged in actions to wrongfully take possession and control of its property, as well as extortion, coercion, libel, slander and defamation.

{¶ 7} On April 28, 2019, the trial court in Case No. 2018-CV-1457 granted summary judgment to Grande Voiture and Voiture Nationale. The court noted: "The evidence in the record is undisputed that Montgomery Voiture Locale No. 34 has violated numerous provisions of the state and national constitutions and is now being run by nonmembers of the 40 and 8, such as Defendant Simpson, who was expelled permanently from membership." The trial court held that Voiture Locale was bound by the constitutions of the organization at the national, state, and local levels, as well as the other rules promulgated by the national and state-level organizations.

{¶ 8} The court voided all actions taken by Voiture Locale that were in violation of those constitutions, invalidated Voiture Locale's amended constitution, and dissolved the purported board of directors appointed under that constitution. The court further granted an injunction, which, among other things, barred Simpson from participating in or interfering with the affairs of Voiture Locale. (See Motion for Summary Judgment, Ex. A.) We affirmed the trial court's judgment. Grande Voiture D'Ohio La Societe Des 40 Hommes Et 8 Chevaux v. Montgomery Cty. Voiture No. 34 La Societe Des 40 Hommes Et 8 Chevaux, 2d Dist. Montgomery No. 28388, 2020-Ohio-3821.

{¶ 9} Despite the trial court's rulings, Simpson (a licensed attorney) has continued to act ostensibly on behalf of Voiture Locale, either as a purported officer or as an attorney retained by the now-dissolved board of directors. These actions have included filing a forcible entry and detainer action in municipal court (see Motion for Summary Judgment, Ex. E), a bankruptcy petition for Voiture Locale in bankruptcy court (see id., Ex. D), and additional litigation in common pleas court (see id, Ex. F). Several of the lawsuits challenged conduct by Grande Voiture officials with respect to the local organization's property. In addition, based on Simpson's belief that Voiture Locale was a non-profit corporation under Ohio law that was separate and apart from The Forty and Eight, Simpson filed paperwork to change the name of Voiture Locale to the Huber Heights Veterans Club (HHVC) and to have the Powell Road property retitled in that name. See id., Ex. B.

{¶ 10} To date, Simpson has been unsuccessful at every turn. The municipal court, bankruptcy court, and common pleas court actions were resolved based on res judicata and/or due to Simpson's lack of authority to act on behalf of Voiture Locale. (Motion for Summary Judgment, Ex. D-F.) The trial court in Case No. 2018-CR-1457 held Simpson in contempt for continuing to act as an officer of Locale Voiture and as counsel for the organization. (Id., Ex. B.) The court declared the new deed in HHVC's name to be invalid and ordered Simpson to restore title to Voiture Locale. We have affirmed the trial court's orders in Case No. 2018-CR-1457 related to contempt and sanctions and to correct record title. Grande Voiture D'Ohio La Societe des 40 Hommes et 8 Chevaux v. Montgomery Cty. Voiture No. 34 La Societe des 40 Hommes et 8 Chevaux, 2d Dist. Montgomery No. 28854, 2021-Ohio-1430. We have also affirmed that court's order authorizing Grande Voiture to restore the prior name (Voiture Locale) with the Ohio Secretary of State. Grande Voiture D'Ohio La Societe Des 40 Hommes et 8 Chevaux v. Montgomery Cty. Voiture No. 34 La Societe Des 40 Hommes et 8 Chevaux, 2d Dist. Montgomery No. 29064, 2021-Ohio-2429.

{¶ 11} The present action was initiated by HHVC in March 2021. In its complaint, HHVC stated that on March 5, 2021, Grande Voiture and Voiture Nationale conducted a private sale of HHVC's personal property, located at 4214 Powell Road. HHVC alleged that the transfer and other disposition of the personal property was done "without notice to or consent of Plaintiff, the owner of the items of property." HHVC further alleged that Grande Voiture and Voiture Nationale removed, sold, or otherwise disposed of "memorabilia, monuments, documents, records and other items whose value cannot be readily determined and cannot be replaced by other item[s]." HHVC also claimed that Grande Voiture and Voiture Nationale permitted or caused damage to the "structures, fixtures, and attachments" located on the Powell Road property.

{¶ 12} On April 2, 2021, Grande Voiture and Voiture Nationale jointly responded with a motion for summary judgment, claiming that HHVC's complaint was barred by res judicata. They attached documents from prior litigation involving the parties, including a hearing transcript from the bankruptcy court (Exhibit D), three judgment entries from Case No. 2018-CV-1457 (Exhibits A-C), the municipal court judgment entry (Exhibit E), and the judgment entry from Case No. 2020-CV-2183 (Exhibit F). The attorney for Grande Voiture filed an affidavit describing the prior proceedings and authenticating the exhibits.

{¶ 13} HHVC opposed the motion, arguing the prior actions were irrelevant, that the trial court was not permitted to take judicial notice of proceedings in other cases, and that res judicata did not apply. HHVC further asserted that Grande Voiture and Voiture Nationale did not follow the proper procedures when they failed to answer the complaint and, instead, sought to "avoid the claim and deny to [HHVC] its constitutional right of access to the courts and due process of law."

{¶ 14} On April 14, 2021, the trial court sustained the motion for summary judgment and ordered the complaint dismissed. The trial court reasoned, in relevant part:

The central matter in this case (Case No. 2021 CV 1227) involves whether Huber Heights Club lawfully possessed the property at 4214 Powell Road. In order to prevail on its Complaint for Theft of Chattels, Huber Heights Club must establish "an intentional exercise of dominion or control over a chattel which so seriously interferes with the right of another to control it that the actor may justly be required to pay the other the full value of the chattel." Vienna Beauty Prods. Co. v. Cook, 2015-Ohio-5017, 53 N.E.3d 808, ¶ 12 (2d Dist.). Thus, in order for Huber Heights Club to prevail on its causes of action in this case, it must establish a right to control the property at issue. This right to control was also central to and was adjudicated in Judge Wiseman's case, in Judge Parker's case and in

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