In a riveting legal battle that highlights the complexities of property law and due process, a case involving the foreclosure of a deceased man’s property has been reversed and remanded by the Court of Appeals of Ohio. The complaint was initially filed by Sam Lamancusa, Treasurer of Trumbull County, on February 7, 2022, against Leslie C. Webb and his unknown heirs for delinquent land taxes amounting to $18,097.49. The appeal decision was made on January 27, 2026.
The story unfolds with Heather Zeena, an unknown heir of Leslie C. Webb, challenging the foreclosure judgment on grounds that she was denied a fair opportunity to contest it due to improper service. Zeena claims she never received notice of the foreclosure proceedings and her motion to vacate the judgment was denied without a hearing. The appellate court found merit in her claim that service by publication did not meet due process requirements because reasonable diligence was not exercised in locating Webb’s heirs. Zeena also argued that the transfer of her father’s property to the Trumbull County Land Reutilization Corporation without compensation constituted an unconstitutional taking since the property’s value far exceeded the tax liability.
Zeena’s motion detailed several points: first, Leslie C. Webb had passed away in 2017; second, as no estate had been opened for him, naming his unknown heirs should have sufficed; thirdly, she asserted that transferring property worth significantly more than owed taxes without just compensation violated constitutional rights. The appellate court agreed with Zeena’s arguments regarding improper service and recognized her potential takings claim as valid under recent federal precedents like Tyler v. Hennepin County and Harrison v. Montgomery County.
The appellate court ordered further proceedings to ensure proper notification and consideration of Zeena’s rights as an heir before any foreclosure could proceed. They emphasized that justice required examining whether due diligence was exercised in notifying all interested parties before depriving them of their property interests.
Representing Zeena were attorneys from Neuman and Fredericka Law Office L.L.C., while Dennis Watkins and Lynn B. Griffith III served as prosecutors for Trumbull County. Judge Scott Lynch authored the opinion with concurrence from Presiding Judge Matt Lynch; however, Judge Robert J. Patton dissented with concerns about procedural integrity being compromised by revisiting issues not raised at trial level—Case No: 2024-T-0080.
Source: 2026Ohio229_Lamancusa_v_Webb_Opinion_Ohio_Court_of_Appeals.pdf
