The Ohio Court of Appeals recently upheld a lower court's decision to appoint a receiver for a property owned by South Village Medical Center, LLC, located at 1660-1668 Parsons Avenue and 445-451 Morrill Avenue in Columbus. The court's ruling, issued on June 9, 2026, affects the medical center and its operations, as the city claimed the property posed health and safety hazards.
This case, identified as Columbus v. South Village Medical Center, L.L.C., No. 25AP-588, centers on the City of Columbus's efforts to address violations of health and safety codes at the medical center's properties. The court's decision highlights the importance of maintaining property standards to ensure public safety.
Background
The City of Columbus initiated this legal action against South Village Medical Center and its affiliates, including defendant-appellant Jose Villavicencio, who claims an interest in the entity that owns the properties. The city alleged that the properties were not adequately maintained, violating R.C. 3767.41 and the Columbus City Code.
In 2022, the city, the property owner, and Villavicencio entered into an Agreed Permanent Injunction, which required the owner to bring the property into compliance with city codes. However, the city later claimed that the owner failed to meet these obligations, prompting the city to file a motion on March 28, 2025, to appoint a receiver to manage the properties.
Villavicencio sought a continuance to prepare for the hearing on the motion, which was initially granted by the trial court. However, he later filed multiple affidavits of disqualification against Municipal Court Judge Stephanie Mingo, alleging bias. The Supreme Court of Ohio denied these affidavits, allowing the trial court to proceed with the hearing.
The Ruling
On June 16, 2025, the trial court held a hearing on the city's motion to appoint a receiver. Villavicencio and his counsel were not present at the hearing, which concluded with testimony from city officials and representatives from New Perspective Asset Management, LLC, the proposed receiver.
The court stated, “The Court finds an appointment of a receiver is an appropriate remedy for the execution of judgment in this case and to assure that the nuisance at the property can eventually be abated.”
The trial court's order appointed New Perspective Asset Management as the receiver for the properties. Villavicencio later filed a motion for relief from judgment, which was pending when he appealed the receivership order on July 16, 2025.
In its opinion, the Ohio Court of Appeals, led by Judge Boggs, affirmed the trial court's decision. The court overruled Villavicencio's assignments of error, stating that he had waived many of his arguments by not presenting them in the lower court. The court also found no abuse of discretion regarding the denial of his request for a continuance.
Impact
The court's ruling has significant implications for the property in question and for Villavicencio, who sought to challenge the receivership. By affirming the trial court's decision, the appeals court reinforced the authority of local governments to enforce health and safety regulations through receivership when property owners fail to comply.
This decision underscores the importance of maintaining property standards and the potential consequences for owners who neglect their responsibilities. It also serves as a reminder that individuals involved in legal proceedings must be present and actively participate to preserve their rights and arguments.
What's Next
Villavicencio may still pursue further legal options, including filing a motion for reconsideration or seeking a higher court's review. However, the court's ruling stands, and the receivership will continue to be in effect unless overturned in future proceedings.