[Cite as Armatas v. Plain Twp., 2023-Ohio-204.]

COURT OF APPEALS

STARK COUNTY, OHIO

FIFTH APPELLATE DISTRICT

STEVEN A. ARMATAS : JUDGES:

: Hon. Earle E. Wise, Jr., P.J.

 Plaintiff-Appellant : Hon. W. Scott Gwin, J.

: Hon. Patricia A. Delaney, J.

-vs- :

:

PLAIN TOWNSHIP, OHIO, ET AL. : Case No. 2022 CA 00039

:

 Defendants-Appellees : O P I N I O N

CHARACTER OF PROCEEDING: Appeal from the Court of Common 

Pleas, Case No. 2021 CV 00235

JUDGMENT: Affirmed

DATE OF JUDGMENT: January 24, 2023

APPEARANCES:

For Plaintiff-Appellant For Defendants-Appellees

STEVEN A. ARMATAS JAMES F. MATHEWS

7690 Bucknell Circle, NW TONYA J. ROGERS

North Canton, OH 44720 400 South Main Street

North Canton, OH 44720
Stark County, Case No. 2022 CA 00039 2

Wise, Earle, P.J.

{¶ 1} Plaintiff-Appellant, Steven A. Armatas, appeals the March 10, 2022

judgment entry of the Court of Common Pleas of Stark County, Ohio, granting summary 

judgment to Defendants-Appellees, Plain Township, Ohio, and Plain Township Board of 

Trustees.

FACTS AND PROCEDURAL HISTORY

{¶ 2} In September 2016, a dispute commenced between appellant and 

appellees over what constitutes a "hedge" under Article VI, Section 602.10, of the Plain 

Township Zoning Resolution. The ordinance states in pertinent part that "[f]ences, walls,

and hedges shall be permitted in any required yard or along the edge of any yard" in any 

residential district, except if "located in or along the sides or front edge of a front yard 

shall not exceed three (3) feet in height." The maximum height of a fence, wall or hedge 

in any residential district shall be eight feet. Appellant argued "hedges" included his 

neighbor's 20-foot high evergreen trees running along the back edge of his property and 

the zoning director disagreed, stating trees and hedges were different things.

{¶ 3} On November 14, 2017, appellees voted to amend Article IV "Definitions" 

to define "hedge," "shrub," and "wall." "Hedge" was defined as a "line of closely spaced 

shrubs" and "shrub" was defined as a "bushy, woody plant generally with several 

permanent stems instead of a single trunk, thereby distinguishing it from a tree."

{¶ 4} Between 2016 and 2019, appellant filed numerous writs, complaints, and 

appeals over the issue as outlined by the trial court in its March 10, 2022 judgment entry 

at 2-5. Pertinent to this appeal is a federal lawsuit appellant filed on November 14, 2019. 

Appellant named as defendants the members of the Plain Township Board of Trustees 
Stark County, Case No. 2022 CA 00039 3

and the zoning director in their individual capacities. The complaint alleged fraud, 

violation of federal civil rights, civil conspiracy, unconstitutional passage of a bill of 

attainder, and punitive damages, and sought declaratory judgment to declare the 

amendment void. By memorandum of opinion and order dated January 27, 2021, the 

federal court granted the defendants' motion for judgment on the pleadings, dismissed all

of appellant's claims with prejudice, and declined to exercise jurisdiction over the 

declaratory judgment action and dismissed it without prejudice.

{¶ 5} On May 28, 2020, Aultman Hospital and affiliates filed a complaint against 

appellant to have him declared a vexatious litigator. On June 17, 2020, Plain Township, 

two trustees, and the zoning director filed a motion to intervene. By journal entry filed 

October 14, 2020, the motion to intervene was granted.

{¶ 6} On February 26, 2021, appellant filed the underlying complaint against 

appellees for declaratory judgment, seeking to invalidate and/or strike down and/or 

declare null and void the amendment. As in the federal action, appellant argued the 

amendment failed to advance a legitimate public interest, was passed solely to advance 

the personal interests of the named defendants, and defendants failed to follow the 

appropriate ratification procedure under Ohio law. On April 29, 2021, appellant filed an 

amended complaint to add a claim for violation of the Open Meetings Act, claiming 

appellees did not pass a resolution to intervene in the aforementioned vexatious litigator 

lawsuit.

{¶ 7} On November 19, 2021, appellees filed a motion for summary judgment. 

By judgment entry filed March 10, 2022, the trial court granted the motion, finding the 

2017 zoning amendment complied with procedures set forth in R.C. 519.12, the doctrine 
Stark County, Case No. 2022 CA 00039 4

of res judicata applied, and appellant failed to provide any evidence on his Open Meetings

Act claim. The trial court dismissed appellant's claims with prejudice.

{¶ 8} Appellant filed an appeal and this matter is now before this court for 

consideration. Assignments of error are as follows:

I

{¶ 9} "THE STATE TRIAL COURT COMMITTED ERROR BY NOT AFFORDING 

THE PLAINTIFF A HEARING BEFORE RENDERING SUMMARY JUDGMENT IN 

FAVOR OF THE DEFENDANTS."

II

{¶ 10} "THE STATE TRIAL COURT COMMITTED ERROR BY DISREGARDING 

THE STATUTORY LAW OUTLINING THE PROPER PROCEDURE FOR A TOWNSHIP 

TO ADOPT A ZONING AMENDMENT."

III

{¶ 11} "THE STATE TRIAL COURT COMMITTED ERROR BY APPLYING THE 

DOCTRINE OF RES JUDICATA TO A FEDERAL COURT ORDER DISMISSING 

PLAINTIFF'S STATE LAW DECLARATORY JUDGMENT CLAIMS WITHOUT 

PREJUDICE."

IV

{¶ 12} "THE STATE TRIAL COURT COMMITTED ERROR BY DISMISSING 

PLAINTIFF'S CLAIM THAT DEFENDANTS VIOLATED OHIO'S OPEN MEETINGS ACT 

WHEN THEY AUTHORIZED A LAWSUIT AGAINST HIM OUTSIDE A PUBLIC FORUM."

STANDARD OF REVIEW
Stark County, Case No. 2022 CA 00039 5

{¶ 13} The trial court granted summary judgment to appellees. Summary 

judgment motions are to be resolved in light of the dictates of Civ.R. 56. Said rule was 

reaffirmed by the Supreme Court of Ohio in State ex rel. Zimmerman v. Tompkins, 75 

Ohio St.3d 447, 448, 663 N.E.2d 639 (1996):

Civ.R. 56(C) provides that before summary judgment may be 

granted, it must be determined that (1) no genuine issue as to any material 

fact remains to be litigated, (2) the moving party is entitled to judgment as 

a matter of law, and (3) it appears from the evidence that reasonable minds 

can come to but one conclusion, and viewing such evidence most strongly 

in favor of the nonmoving party, that conclusion is adverse to the party 

against whom the motion for summary judgment is made. State ex. rel. 

Parsons v. Fleming (1994), 68 Ohio St.3d 509, 511, 628 N.E.2d 1377, 1379, 

citing Temple v. Wean United, Inc. (1977), 50 Ohio St.2d 317, 327, 4 O.O.3d 

466, 472, 364 N.E.2d 267, 274.

{¶ 14} As an appellate court reviewing summary judgment motions, we must stand 

in the shoes of the trial court and review summary judgments on the same standard and 

evidence as the trial court. Smiddy v. The Wedding Party, Inc., 30 Ohio St.3d 35, 506 

N.E.2d 212 (1987).

I
Stark County, Case No. 2022 CA 00039 6

{¶ 15} In his first assignment of error, appellant claims the trial court erred by not 

affording him a hearing before rendering summary judgment in favor of appellees. We 

disagree.

{¶ 16} Appellant argues Loc.R. 10.01 of the Court of Common Pleas of Stark 

County, General Division, contemplates that some type of hearing must precede the 

ruling on a motion for summary judgment and since he was not afforded a hearing, his 

due process rights were violated. Said rule pertains to hearings and submission of 

motions. The rule, in effect at the time, states: "This rule is not applicable to motions for 

summary judgment taken pursuant to Civil Rule 56. Motions for summary judgment taken 

pursuant to Civil Rule 56 will be set for hearing and briefs will be due as required by Civil 

Rule 56(C)." Thus, as this court found in Wilmington Savings Fund v. Lautzenheiser, 

Stark No. 2018CA00131, 2019-Ohio-2389, ¶ 26, "no Stark County Local Rule governs 

motions for summary judgment." The Wilmington court went on to analyze Civ.R. 56(C), 

in effect at the time, and concluded at ¶ 28: "The rule does not require a hearing, and 

instead permits the trial court to render a decision by considering the memoranda and 

evidentiary materials submitted by the parties." Accord J.P. Morgan Mortgage Acquisition 

Corporation v. Baker, 5th Dist. Ashland No. 20-COA-021, 2021-Ohio-1024, ¶ 15; Mariner 

Finance, LLC v. Childs, 10th Dist. Franklin No. 21 AP-19, 2021-Ohio-3935, ¶ 8.

{¶ 17} The current version of Civ.R. 56(C), applicable to this case, states after all 

arguments and materials have been filed, "[s]ummary judgment shall be rendered 

forthwith." The rule does not mandate the holding of a hearing. The rule provides 

"[r]esponsive arguments, together with all affidavits and other materials in opposition, and 

a movant's reply arguments may be served as provided by Civ.R. 6(C)." Civ.R. 6(C) 
Stark County, Case No. 2022 CA 00039 7

states: "Responses to motions for summary judgment may be served within twenty-eight 

days after service of the motion. A movant's reply to a response to any written motion 

may be served within seven days after service of the response to the motion."

{¶ 18} Appellees filed a lengthy motion for summary judgment on November 19, 

2021, containing affidavits and numerous exhibits. Appellant filed an equally lengthy 

response on December 17, 2021, also containing affidavits and numerous exhibits. 

Appellees filed a reply on December 22, 2021. The trial court did not rule on the motion 

until March 10, 2022. Appellant was given a full opportunity to brief the issues and submit 

evidence and has not shown any prejudice.

{¶ 19} Upon review, we find the trial court did not err in not holding a hearing before 

ruling on the summary judgment motion.

{¶ 20} Assignment of Error I is denied.

II

{¶ 21} In his second assignment of error, appellant claims the trial court erred by 

disregarding the statutory law outlining the proper procedure for a township to adopt a 

zoning amendment. We disagree.

{¶ 22} The dispute centers on Article VI, Section 602.10, of the Plain Township 

Zoning Resolution which states in pertinent part that "[f]ences, walls, and hedges shall be 

permitted in any required yard or along the edge of any yard" in any residential district, 

except if "located in or along the sides or front edge of a front yard shall not exceed three 

(3) feet in height." The maximum height of a fence, wall or hedge in any residential district 

shall be eight feet. Appellant argued "hedges" included his neighbor's 20-foot high 
Stark County, Case No. 2022 CA 00039 8

evergreen trees running along the back edge of his property and the zoning director 

disagreed, stating trees and hedges were different things.

{¶ 23} On September 12, 2017, appellees voted to amend Article IV "Definitions" 

to include definitions for "hedge," "shrub," "tree," and "wall" (Amendment #571-17, 

Resolution #17-442). In part, "hedge" was defined as a "line of closely spaced shrubs" 

and "shrub" was defined as a "bushy, woody plant generally with several permanent 

stems instead of a single trunk, thereby distinguishing it from a tree." As explained in the 

proposed resolution, appellees determined in their legislative judgment, the "definitions 

will assist in the uniform and reasonable application[,] interpretation, and enforcement of 

the Plain Township Zoning Resolution."

{¶ 24} The amendment was sent to the Stark County Regional Planning 

Commission for review. On October 3, 2017, the planning commission approved the 

amendment, but recommended modifying the definition of "tree" to a more common 

definition.

{¶ 25} On October 11, 2017, the Plain Township Zoning Commission held a 

hearing on the amendment and recommended its denial.

{¶ 26} On November 14, 2017, appellees voted to pass zoning amendment #571-

17 with modification, eliminating the definition of "tree" (Resolution #17-442).

{¶ 27} Appellant filed a lawsuit, conceding the issue was whether appellees 

adhered to the proper procedures under Ohio law in adopting the zoning amendment. 

Plaintiff's December 17, 2021 Response Brief in Opposition at 3.

{¶ 28} Procedures to amend zoning ordinances is codified in R.C. 519.12. The 

steps are as follows in pertinent part:
Stark County, Case No. 2022 CA 00039 9

{¶ 29} 1) Amendments to zoning resolutions may be initiated "by the passage of a 

resolution by the board of township trustees." Subsection (A)(1).

{¶ 30} 2) Thereafter, "the township zoning commission shall transmit a copy of it 

together with text and map pertaining to it to the county or regional planning commission, 

if there is such a commission, for approval, disapproval, or suggestions." Subsection 

(E)(1)(a).

{¶ 31} 3) "The county or regional planning commission shall recommend the 

approval or denial of the proposed amendment or the approval of some modification of it 

and shall submit its recommendation to the township zoning commission." Id.

{¶ 32} 4) "The recommendation shall be considered at the public hearing held by 

the township zoning commission on the proposed amendment." Id.

{¶ 33} 5) "The township zoning commission, within thirty days after the hearing, 

shall recommend the approval or denial of the proposed amendment, or the approval of 

some modification of it, and submit that recommendation together with * * * the 

recommendation of the county or regional planning commission on it to the board of 

township trustees." Subsection (E)(2).

{¶ 34} 6) "The board of township trustees, upon receipt of that recommendation, 

shall set a time for a public hearing on the proposed amendment." Subsection (E)(3).

{¶ 35} 7) "Within twenty days after its public hearing, the board of township 

trustees shall either adopt or deny the recommendations of the township zoning 

commission or adopt some modification of them. If the board denies or modifies the 

commission's recommendations, a majority vote of the board shall be required." 

Subsection (H).
Stark County, Case No. 2022 CA 00039 10

{¶ 36} Appellant takes issue with the last step. He argues appellees were not 

permitted to pass zoning amendment #571-17 with modification, eliminating the definition

of "tree," because the zoning commission recommended its denial. Appellant argues 

appellees cannot modify a denial.

{¶ 37} In its judgment entry filed March 10, 2022, the trial court disagreed, finding 

the following:

The Board of Trustees had before it two recommendations: one of 

the regional planning commission and one of the zoning commission. One 

recommended a modification and the other recommended a denial. The 

statute required that both recommendations be submitted to the trustees 

and the statute utilizes the plural form of "recommendations" when 

instructing that the trustees may "adopt or deny the recommendations of 

the township zoning commission or adopt some modification of them." R.C. 

519.12(H). (Emphasis sic.)

{¶ 38} Appellant argues the plural "recommendations" must come from the 

township zoning commission and does not contemplate a recommendation from the 

planning commission. On this issue, the trial court determined:

Here, the text of the amendment passed by the trustees was 

considered by both the regional planning commission and the zoning 

commission. It was the regional planning commission who recommended 
Stark County, Case No. 2022 CA 00039 11

the omission of the definition of tree. This proposal then was passed on to 

the zoning commission, where it had the opportunity to consider the very 

amendment the Board of Trustees ultimately passed. All pertinent entities 

had an opportunity to weigh in on the proposed amendment. The 

recommendations before the Board of Trustees were: (1) to eliminate the 

definition of tree but to adopt amendments incorporating the remaining 

definitions, and (2) to deny the amendment altogether. The Board of 

Trustees properly modified the zoning commission's recommendation when 

it accepted the change proposed by the regional planning commission, but 

decided not to deny the amendment entirely--which it had every right to do 

under R.C. 519.12. The Court finds no merit to Armatas' circular argument 

that the amendment should have gone through the entire process again 

simply to remove the definition of tree when that recommendation was 

already before the zoning commission and the zoning commission rejected 

it.

{¶ 39} Given the facts of this case, we concur with the trial court's analysis. R.C. 

519.12 provides that amendments to zoning resolutions be considered successively by 

the regional planning commission, the township zoning commission, and finally by the 

township board of trustees. Pursuant to subsection (H), a township board of trustees 

"shall either adopt or deny the recommendations of the township zoning commission or 

adopt some modification of them." Each entity reviewed and considered the same 

amendment and gave their respective recommendations. The zoning commission denied 
Stark County, Case No. 2022 CA 00039 12

the amendment in toto. To have the process repeat itself without the definition of "tree" 

would be duplicative as the zoning commission already denied the whole amendment. 

Appellees chose not to follow the zoning commission's recommendation which as noted 

by the trial court, they had the right to do under R.C. 519.12(H).

{¶ 40} Upon review, we find the trial court did not disregard the statutory law 

outlining the proper procedure for a township to adopt a zoning amendment.

{¶ 41} Assignment of Error II is denied.

III

{¶ 42} In his third assignment of error, appellant claims the trial court erred by 

applying the doctrine of res judicata to a federal court order dismissing his state law 

declaratory judgment action without prejudice. We disagree.

{¶ 43} In Armatas v. Aultman Hospital, 5th Dist. Stark No. 2021 CA 00133, 2022-

Ohio-4577, ¶ 34-36, this court set forth the doctrine of res judicata as follows:

Res judicata can be divided into two separate subparts: claim 

preclusion and issue preclusion. Grava v. Parkman Twp., 73 Ohio St.3d 

379, 653 N.E.2d 226 (1995). Claim preclusion holds that a valid, final 

judgment on the merits bars all subsequent actions based upon any claim 

arising out of the transaction or occurrence that was the subject matter of 

the previous action. Id. Issue preclusion precludes relitigation of any "issue 

that has been actually and necessarily litigated and determined in a prior 

action." Fort Frye Teachers Assn v. State Emp. Rels. Bd., 81 Ohio St.3d 

392, 692 N.E.2d 140 (1998). An issue "that was actually and directly at 
Stark County, Case No. 2022 CA 00039 13

issue in a previous action, that was passed upon and determined by a court 

of competent jurisdiction, may not be drawn into question in a subsequent 

action between the same parties or their privities, whether the cause of 

action in the two actions be identical or different." Id.

Res judicata bars a second action when: (1) a court of competent 

jurisdiction rendered a valid, final judgment on the merits in an earlier action; 

(2) the second action involves the same parties or their privies; (3) the 

second action raises claims that were or could have been litigated in the 

first action; and (4) the second action arises out of the same transaction or 

occurrence that was the subject of the first action. State ex rel. Armatas v. 

Plain Twp. Of Bd. of Zoning Appeals, 160 Ohio St.3d 161, 2020-Ohio-2973, 

154 N.E.3d 74.

The Ohio Supreme Court has held, "a claim litigated to finality in the 

United States District Court cannot be relitigated in a state court when the 

state claim involves the identical subject matter previously litigated in 

federal court, and there is * * * no issue of party or privity." Rogers v. City 

of Whitehall, 25 Ohio St.3d 67, 494 N.E.2d 1387 (1986).

{¶ 44} Appellant argues res judicata does not apply because the federal district 

court dismissed his declaratory judgment claim without prejudice, the trial court overrode 

and defied the federal district court order in applying the doctrine of res judicata, and the 

trial court overstated the scope of the federal court's ruling.
Stark County, Case No. 2022 CA 00039 14

{¶ 45} In finding res judicata to apply, the trial court found the federal district court 

determined certain facts and issues "which may be given preclusive effect here under the 

doctrine of issue preclusion." March 10, 2022 Judgment Entry at 11. (Footnote omitted.) 

The trial court concluded at 13, "the federal court passed upon the issue of whether there 

was any lack of process or unfairness as a part of the hearing to amend the zoning 

ordinance, and determined there was not."

{¶ 46} In the federal district court order, attached to appellees' April 1, 2021 answer 

as Exhibit N, the federal district court reviewed the magistrate's recommendation to 

dismiss appellant's federal civil rights claim, specifically, a substantive due process claim. 

In support of his claim, appellant had argued " '[i]n attempting to adopt an Amendment to 

the Hedge Ordinance in the fall of 2017, Defendants failed to advance a legitimate public 

interest, and instead undertook such action to advance their own personal interests[.]' " 

Magistrate's January 4, 2021 Report and Recommendation at 21, attached to Defendants' 

April 1, 2021 Answer as Exhibit M. In finding appellant failed to plead a substantive due 

process violation, the federal district court stated the following in its order at 6:

Armatas has argued at length that he properly identified a Fourteenth 

Amendment substantive due process violation and harm to his property 

values. However, the very basis of Armatas claim is faulty. Armatas 

effectively seeks a determination that the Board of Trustees was not 

permitted to amend the hedge ordinance. Armatas, however, has not 

identified any lack of process surrounding the amendment. A full and fair 

public hearing was held prior to the adoption of the amendment. Moreover, 
Stark County, Case No. 2022 CA 00039 15

to the extent that Armatas argues that there were discussions suggesting 

that the amendment would alleviate litigation, he advances a self-defeating 

argument. Amending the ordinance to clarify its scope to reduce the 

possibility of litigation is a legitimate governmental interest.

{¶ 47} The Sixth Circuit affirmed the district court's decision. Armatas v. Haws, 6th 

Cir. No. 21-3190, 2021 WL 5356028 (Nov. 17, 2021).

{¶ 48} In his declaratory judgment claim to the trial court, appellant advanced the 

same arguments he made in the federal case: the amendment failed to advance a 

legitimate public interest, was passed solely to advance the personal interests of the 

named defendants, and defendants failed to follow the appropriate ratification procedure 

under Ohio law. The federal district court order addressed these issues. We concur with 

the trial court's conclusion issue preclusion applies in this case.

{¶ 49} Upon review, we find the trial court did not err in applying the doctrine of res 

judicata.

{¶ 50} Assignment of Error III is denied.

IV

{¶ 51} In his fourth assignment of error, appellant claims the trial court erred in 

dismissing his claim that appellees violated Ohio's Open Meetings Act when they 

authorized a lawsuit against him outside a public forum. We disagree.

{¶ 52} R.C. 121.22 governs public meetings. Subsection (A) mandates public 

officials are required "to take official action and to conduct all deliberations upon official
Stark County, Case No. 2022 CA 00039 16

business only in open meetings unless the subject matter is specifically excepted by law." 

Subsection (G)(3) states in pertinent part:

members of a public body may hold an executive session only after a 

majority of a quorum of the public body determines, by a roll call vote, to 

hold an executive session and only at a regular or special meeting for * * * 

[c]onferences with an attorney for the public body concerning disputes 

involving the public body that are the subject of pending or imminent court 

action.

{¶ 53} Subsection (H) states in pertinent part:

A resolution, rule, or formal action of any kind is invalid unless 

adopted in an open meeting of the public body. A resolution, rule, or formal 

action adopted in an open meeting that results from deliberations in a 

meeting not open to the public is invalid unless the deliberations were for a 

purpose specifically authorized in division (G) or (J) of this section and 

conducted at an executive session held in compliance with this section.

{¶ 54} In his appellate brief at 29, appellant argues the official meeting minutes of 

the Plain Township Board of Trustees "show absolutely no reference to the authorization 

of a vexatious litigator action (or any other type of lawsuit) against Mr. Armatas." As such, 

he "has fulfilled his burden of demonstrating the essential elements of his claim."
Stark County, Case No. 2022 CA 00039 17

{¶ 55} In State ex rel. Hicks v. Clermont County Board of Commissioners, 2022-

Ohio-4237, --- N.E.3d ---, the Supreme Court of Ohio reviewed a summary judgment 

decision involving a claim of an Open Meetings Act violation. The Hicks court at ¶ 11 

stated, "to receive relief, the plaintiff must prove a violation of the OMA. There is no 

requirement for the public body to conversely prove that no violation occurred." The Hicks

court explained at ¶ 21-23:

Under the "presumption of regularity," in the absence of evidence to 

the contrary, courts will presume that public officers have properly 

performed their duties and acted lawfully. The presumption of regularity is 

related to the burden of proof, because if the former attaches, then the 

burden of production remains on the plaintiff to overcome the presumption 

and prove that a violation occurred.

The presumption of regularity attaches to public officers, 

administrative officers, and public boards acting within their official 

capacities or performing their official duties. Here, the board was acting 

within its official capacity to discuss employee matters in executive session. 

Therefore, the presumption of regularity attaches, and the burden of 

production remains on Hicks to prove that a violation occurred. Under the 

presumption of regularity, absent evidence to the contrary, courts should 

presume that a public body in executive session discussed the topics stated 

in its motion to enter executive session and did not discuss any matters not 

stated in the motion. It is the plaintiff's burden to prove otherwise.
Stark County, Case No. 2022 CA 00039 18

If we were to hold that the burden of production is on the public body 

in these circumstances, we would create a presumption of irregularity.

Consider a case such as this one, in which there is no evidence of what the 

public body discussed in executive session. If the burden of production 

were on the public body, then in the absence of any evidence, the court 

would have to presume that the public body acted contrary to law and 

considered topics not stated in its motion to enter executive session. That 

would amount to a presumption of irregularity, which is contrary to Ohio law. 

(Emphasis sic.) (Citations omitted.)

{¶ 56} According to appellant's April 29, 2021 amended complaint at ¶ 124-127, 

the official meeting minutes of the Plain Township Board of Trustees dated February 11, 

2020, on two occasions dated February 25, 2020, and on March 19, 2020, the board 

adjourned to executive session to "conference with the law director or other retained 

counsel concerning pending or imminent court action" as authorized under R.C. 

121.22(G). Appellant did not allege any errors regarding going into executive session, 

but claimed the meeting minutes from January 14, 2020 to October 13, 2020 "shows no 

reference to the authorization of a vexatious litigator action or any other type of lawsuit 

against Plaintiff." April 29, 2021 Amended Complaint at ¶ 123. Therefore, any legal action 

taken against him "should be declared invalid, and/or struck down, and/or declared null 

and void on the grounds its authorization constituted a disqualifying event under and a 

violation of the Ohio Open Meetings Act." Id. at ¶ 130.

{¶ 57} In their appellate brief at 29-30, appellees argue the following:
Stark County, Case No. 2022 CA 00039 19

in order to succeed in an OMA violation claim, the appellant is required to 

demonstrate that a majority of the Plain Township Board of Trustees held a 

prearranged meeting in which public business was discussed and formal 

action was taken. Here, however, the appellant's only evidence is the 

absence of a resolution to commence the vexatious litigator lawsuit, and the 

presumption that it resulted from Trustee deliberations. (Emphasis sic.)

{¶ 58} In its March 10, 2022, judgment entry granting summary judgment to 

appellees on this issue, the trial court found the following:

Armatas has not presented this Court with any evidence of a factual 

issue regarding whether Plain Township conducted improper deliberations 

upon official business during a secret meeting. The Court has afforded 

ample time for discovery. Armatas has not put forth any evidence that such 

meeting occurred. His argument centers around his legal interpretation that 

deliberation and a resolution are necessary, therefore there must have been 

some improper deliberation. Plain Township responds that no such 

deliberation occurred, but rather it was entitled to unilaterally authorize the 

litigation in some fashion absent a meeting. This Court is not called upon 

to determine whether Plain Township was correct in its assertion. The sole 

cause before the Court in that regard is a violation of the Open Meetings 
Stark County, Case No. 2022 CA 00039 20

Act. The Court finds that Plaintiff has failed to create a genuine issue of 

material fact regarding whether that meeting occurred.

{¶ 59} In reviewing the evidence presented, we concur appellant has not 

presented any evidence of a factual issue regarding an Open Meetings Act violation. As 

held by the Hicks court, it was his burden to prove that a violation occurred.

{¶ 60} Upon review, we find the trial court did not err in granting summary judgment 

to appellees on appellant's Open Meetings Act violation claim.

{¶ 61} Assignment of Error IV is denied.

{¶ 62} The judgment of the Court of Common Pleas of Stark County, Ohio is 

hereby affirmed.

By Wise, Earle, P.J.

Gwin, J. and

Delaney, J. concur.

EEW/db