Ohio Court:  Cities Can’t Force Homeowners to Repair City Sidewalks 

Ohio Court: Cities Can’t Force Homeowners to Repair City Sidewalks

FOR IMMEDIATE RELEASE
February 1, 2025

Painesville sidewalk tax on abutting homeowners, whether they damage the sidewalks or not, violates Due Process, is unconstitutional.

Painesville, OH – An Ohio Court this week ruled the City of Painesville cannot obtain criminal conviction of homeowners who fail to fund or fix the maintenance or repair of government sidewalks near their homes.

The 1851 Center for Constitutional Law’s victory comes on behalf of homeowner Charles Cattell, who faced criminal charges after failing to pay the city or a contractor $3,000 to update the sidewalk in front of his home.

Like other area homeowners, Mr. Cattell’s deed does not include the City’s sidewalks, and the City is the sole owner of the street and sidewalk in front of his home.

The 1851 Center explained that forcing a homeowner to fund or labor on city property merely because he owns private property nearby is an unlawful tax, and unlawful taking, or a violation of substantive due process rights. Government property generally must be maintained, repaired, and updated though general taxation, rather than by individuals who simply own property nearby.

The case now moves for class certification, as the 1851 Center attempts to recover sidewalk payments for the hundreds of homeowners who previously made them.

“Both the state and federal constitutions forbid Ohio cities from charging what are basically ‘user fees’ to homeowners for basic government functions like police, fire, and sidewalks.” explained 1851 Center Executive Director Maurice Thompson. “This ruling confirms that Ohioans can prevail when cities attempt to swindle them through improper taxes, fees, and assessments.”

Read the 1851 Center’s Brief HERE.

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The 1851 Center for Constitutional Law is a nonprofit, nonpartisan legal center dedicated to protecting the constitutional rights of Ohioans from government abuse. The 1851 Center litigates constitutional issues related to property rights, regulation, taxation, and searches and seizures.