State of Ohio Ex Rel. Boggs v. City of Cleveland

OPINION

THOMAS A. VARLAN, District Judge.

Susan Boggs (“Boggs”) and Fouad Rachid (“Rachid”), individually and on behalf of their minor daughter, and Fouad, Inc. (“Fouad”) (Boggs, Rachid, and Fouad, together, the “relators”) appeal the district court’s order dismissing their action on the basis of res judicata in favor of the City of Cleveland (the “City”). For the following reasons, we reverse the district court and remand the case for further proceedings.

I. BACKGROUND

In 1995, Fouad purchased the property located at 24505 Barrett Road in Olmsted Township, Ohio (the “subject property”). Fouad is…