City of Gahanna v. Eastgate Properties, Inc.

Eastgate initially challenges the appellate court’s reversal of the award of attorney fees. Generally, a prevailing party may not recover attorney fees as costs of litigation in the absence of statutory authority unless the breaching party has acted in bad faith, vexatiously, wantonly, obdurately or for oppressive reasons. Sorin v. Bd. of Edn. (1976), 46 Ohio St. 2d 177, 75 O.O. 2d 224, 347 N.E. 2d 527. This is commonly known as the “American rule.” However, Eastgate maintains that it is entitled to an award of attorney fees, as damages in defending against Gahanna’s forcible entry and…