State Ex Rel. Strategic Capital Investors, Ltd. v. McCarthy

Two questions appear to have been presented to the trial court in the declaratory judgment complaint. First, the trial court was asked whether the county auditor had to accept and record the new plat. Second, the trial court was asked to determine the right of SCI (the developer) to vacate (tear up) the public road.

In terms of the first question, whether the county auditor had to accept and record the new plat, the question is barred by the doctrine of yes judicata. Under Ohio law, an existing final judgment or decree between the parties to litigation is conclusive as to all claims which were…