Crocker Park, L.L.C. v. City of Westlake, Ohio (Right of First Refusal Revived on Reconsideration)

The Ohio Court of Appeals for the Eighth Appellate District vacated its own July 30, 2026 decision on reconsideration and held, in an opinion released October 22, 2026, that the trial court erred in declaring Crocker Park, L.L.C. had not waived its right of first refusal over a parcel within the Crocker Park mixed-use development. The court affirmed other rulings in Crocker Park's favor -- including summary judgment defeating the City of Westlake's slander-of-title and abuse-of-process counterclaims -- but reversed and remanded the right-of-first-refusal issue after finding Crocker Park failed to exercise the right within a reasonable time.

Why it matters

The case shows that master-planned developments governed by recorded CC&R declarations create full contractual rights and obligations for a municipality that becomes a co-owner by accepting conveyed parcels, and that rights of first refusal without an express deadline can still be waived through delay. It is also a pointed reminder that an appellate win is not final until the reconsideration window closes, since the panel here vacated its own three-month-old decision and reversed a key ruling the second time around.

Case timeline · 5 entries Latest: October 22, 2026 — On reconsideration, the Eighth District vacates its July decision and holds the trial court erred in finding Crocker Park had not waived its right of first refusal

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