Climaco Wilcox attorneys Dennis R. Wilcox, Patricia M. Ritzert, and Scott D. Simpkins are joining Mansour Gavin effective as of December 29, 2023

Mansour Gavin LPA and Climaco, Wilcox, Peca & Garofoli Co., LPA are proud to announce that Climaco Wilcox attorneys Dennis R. Wilcox, Patricia M. Ritzert, and Scott D. Simpkins are joining Mansour Gavin effective as of December 29, 2023. The Climaco Wilcox firm was founded in Cleveland, OH in 1967.

With the Climaco Wilcox attorneys joining Mansour Gavin, the firm is expanding its range of client service offerings including enhanced public sector and public finance, real estate, tax planning and commercial litigation. “The combination of the two firms seemed a natural fit based on the complementary practice areas and the relationship and culture of the firms and attorneys involved,” said Mansour Gavin’s President Anthony Coyne.

Mansour Gavin is a full-service business law firm, calling Northeast Ohio its home for over sixty years. For more information on the firm and its attorneys, please visit mansourgavin.com.

It is with deep sadness that we announce the death of our founding partner John R. Climaco.

It is with deep sadness that we announce the death of our founding partner John R. Climaco.  A 1967 graduate of Case Western Reserve University Law School, John began his career as a sole practitioner which eventually evolved into the law firm Climaco, Wilcox Peca & Garofoli Co, LPA.  John was known for both his brilliant legal work on some of the most complex cases in the nation and his commitment to and the friendships he forged with his clients over his long and illustrious career.      

Throughout his career, John provided individuals, labor unions, private corporations and government entities excellent, diligent and efficient counsel.  Just a sampling of the clients who entrusted John with their legal work included: the State of Ohio, the City of Cleveland, Kent State University, the International Brotherhood of Teamsters, Sammy Davis, Jr., the Cleveland Police Patrolmen’s Association, the Ohio Patrolmen’s Benevolent Association, and numerous other public and private entities and individuals.  John also developed one of the most respected collective and class action practices in the nation.  He was an executive member of the Castano’s Plaintiff’s Legal Committee which was instrumental in holding the tobacco industry accountable and led to the historic settlement with the tobacco industry.  John was appointed to leadership positions on numerous class and collective actions across the country and frequently lectured on the subject to members of the legal community.

John was passionate about protecting the rights of people who are intellectually challenged.  He received the Service of Center Award from the Center for Mental Retardation on two occasions.  He received the Above and Beyond Award from North Coast Community Homes and served as a member of the Board of Directors of Our Lady of the Wayside where he received the Starlight Guardian Humanitarian Award.  In 2012, the Association for Retarded Citizens presented John the Lifetime Achievement Award.

John took great pride in his Italian heritage.  He was a Life Member of the Justinian Forum, a professional organization for attorneys and judges of Italian heritage in Northern Ohio and a Life Member of the Northern Ohio Italian-American Association.  In 2000, John received the Ellis Island Medal of Honor from the Ellis Island Honors Society which recognizes in the organization’s own words, “individuals who have made it their mission to share with those less fortunate, their wealth of knowledge, indomitable courage, boundless compassion, unique talents and selfless generosity. They do so while acknowledging their debt to their ethnic heritage as they uphold the ideals and spirit of America.”

John’s loss will be felt not only within our firm but throughout the entire legal community and beyond.  We have lost our founder, our partner, a mentor and our friend.  The firm intends to carry on John’s good work into the future and strive to meet his standards of excellent client service as we move forward.  We express our deepest condolences to John’s family for their loss.            

Corrected Commercial Real Property Values Save CWP&G Clients Hundreds of Thousands of Dollars in Property Taxes

CWP&G Partner Pat Ritzert has obtained corrections to property valuations for several of our clients whose real property was over-valued by Ohio county auditors.  These corrections reduced 2015 property valuations by over $7,827,000 in total, saving our clients more than $540,000 in real property taxes for the tax years 2015 through 2018.

If you have any questions regarding the process to assess and correct your commercial real property valuations, please contact Patricia “Pat” Ritzert at 216-621-8484.

CWP&G Recognized by City of Parma’s Treasurer for Assisting City with Saving Almost $1.4 Million Over the Past Five Years

In a recent Cleveland.com article, the City of Parma’s Treasurer, Tom Mastroianni, announced how the City has saved almost $1.4 million since 2011 by refunding City bonds to obtain better rates.  In the article, Mr. Mastroianni, acknowledged the City's bond counsel CWP&G for their assistance and legal counsel in the ongoing process of saving City residents money.  A copy of the article can be found at http://www.cleveland.com/parma/index.ssf/2016/12/parma_treasurer_announces_savi.html.  If you have any questions regarding this article or you would like to discuss our municipal finance practice, please call Dennis R. Wilcox or Patricia M. Ritzert at 216-621-8484.

Ohio Eminent Domain Law

Eminent domain is the right of governmental agencies and public utilities to take private property for public use. The right, use and over use of the power of eminent domain are the subject of countless articles, court cases and debate. This article is intended to provide but a mere overview of eminent domain. Today, the power of eminent domain is being used to further useful and needed road construction projects, such as Cleveland’s Opportunity Corridor and to further the controversial Nexus natural gas transmission pipeline running through northwest into northeast Ohio.

In general, any direct encroachment upon land, which subjects it to a public use that excludes or restricts the dominion and control of the owner, is a taking or appropriation of property, for which the owner is guaranteed a right of compensation. Eminent domain, however, is not limited to actual physical takings of property. In the absence of a physical taking of property, a taking occurs only where there is a substantial interference with the rights of ownership of private property. Any such substantial interference with the rights of ownership of private property is deemed to be a taking for which compensation is owed to the property owner. For example, Ohio courts routinely find that repeated flooding of private property from government-owned sewer and water management systems constitutes a taking.

In general, in appropriations by a government agency, the property owner is entitled to compensation for the property taken, as well as damages resulting from the taking to the residue of the property still held by the owner. As such, when a government agency appropriates property, the owner may be entitled to a two-fold remedy. The owner is entitled to “compensation” for the property actually taken. Compensation is defined as the fair market value of the property.  If the taking is only partial, the owner may be entitled to “damages.” Damages are the injury resulting from the taking to the “residue” of the property still held by the owner, less any special benefits accruing to the residue from improvements. Damage to the residue is measured by the difference between the pre- and post-appropriation fair market value of the residue. 

The term “fair market value” is usually defined as that price which would be agreed upon between a willing seller and a willing buyer in a voluntary sale on the open market. In determining the fair market value of the subject property before and after the appropriation, “’every element that can fairly enter into the question of value, and which an ordinarily prudent business man would consider before forming judgment in making a purchase, should be considered.´”  The rule of valuation in a land-appropriation proceeding is not what the property is worth for any particular use, but what it is worth generally for any and all uses for which it might be suitable, including the most valuable uses to which it can reasonably and practically be adapted.

In calculating fair market value of real property, real estate appraisers and other real estate professionals employ three recognized methods of appraisal: (1) cost of reproducing the property, less depreciation; (2) market data approach utilizing recent sales of comparable property; and (3) the income or economic approach based upon the capitalization of net income.

Property owners are also entitled to express their opinions about the fair market value of their property. For example, numerous Ohio courts have held that property owner's testimony that his property was worth less as a result of the removal of trees was properly admitted as "evidence of the diminution in market value.” Because the 'owner-opinion' rule assumes that the owner is so closely acquainted with the property as to stay abreast of its market value, such testimony does not require a specific foundation. Nonetheless, an arborist’s testimony can add substantial weight to the owners’ opinion.

There are numerous other issues which might arise from the use and misuse of the power of eminent domain. If you have any questions concerning your rights with regard to an appropriation case, please contact Patricia M. Ritzert or Scott D. Simpkins at (216) 621-8484.