Breach of Contract Cases

COLLATERAL ESTOPPEL – MOTION TO DISMISS – CIV.R. 12(B)(7) – JOINDER – CIV.R. 19 – DECLARATORY JUDGMENT – R.C. 2721.12 – NECESSARY PARTIES – CONTRACTS – BREACH OF CONTRACT – SUBSTANTIAL PERFORMANCE – EXCUSE – SECURITY SEWAGE – IMPOSSIBILITY – REGULATORY IMPOSSIBILITY – GOOD FAITH – REMEDIES – DAMAGES: A prior determination by a federal court that a county regulation was not so "arbitrary and capricious" as to defy the Due Process Clause of the Federal Constitution did not collaterally estop plaintiff from litigating the entirely distinct issue of whether the county's application of the same regulation was "arbitrary" and therefore unforeseeable, so as to excuse plaintiff's contractual performance, regardless of similarities in terminology.

Arbitration; stay of proceedings; contract. Trial court did not err when it granted appellee's motion to stay proceedings pending submission to arbitration, where it found that the parties had agreed to the arbitration agreement and that the subject of the claim was covered under that agreement.