Does a Law Enacted After Property Damage Is Found but Before a Claim Is Filed Violate a Condominium Association's Constitutional Right to a Remedy?
Oaktree Condominium Association v. Hallmark Building Company, Case no. 2012-1722
Eleventh District Court of Appeals (Lake County)
Does R.C. 2305.131, Ohio's construction statute of repose, violate a party's constitutional right to a remedy when the party filed a claim for damages after the statute's effective date but when its claim arose before the effective date?
Is the statute unconstitutional because it abolishes a substantive right without providing reasonable time to have a claim heard?