When does a chattel become a fixture to real estate?
Answer: A combination of certain legal tests, based upon
or growing out of the relationship between the chattel and the real estate
have been defined by the courts to determine whether and when a chattel
becomes a fixture. In Household Finance Corp. v. BancOhio (1989),
62 Ohio App.3d 691, 694, the Court of Appeals reiterated the Ohio Supreme
Court’s three-part test for determination of the three elements
by which a chattel is considered a fixture:
“First, to become a fixture it is essential that the chattel in
question be annexed (fastened, connected, or fixed) to some extent to
the realty. Second, the chattel must have an appropriate application (necessity,
or adaptation) to the use or purpose to which the realty to which it is
attached, is devoted. Third, there must be an actual or apparent intention
upon the part of the owner of the chattel in affixing it to the realty
to make such chattel a permanent part of such realty.” See: Teaff
v. Hewitt (1853), 1 Ohio St. 511 and Holland Furnace Co. v. Trumbell
S. & L. Co. (1939), 135 Ohio St. 48.
PROOF REQUIRED, NEW RULING
“The plaintiff establishes a prima facie case of discrimination
by showing the following: (1) he belongs to a protected class, (2) he
was qualified for the position that he held, (3) he was terminated despite
his qualifications, and (4) he was replaced by someone outside the protected
class. McDonell Douglas, 411 U.S. at 801-803 *** If the plaintiff
establishes a prima facie case, then the burden shifts to the employer
to articulate some legitimate, nondiscriminatory reason for the employee’s
rejection. After the employer has done so, the plaintiff must be afforded
an opportunity to show that the employer’s proffered reason is a
pretext for discrimination. McDonnell Douglas, supra, 411 U.S.
at 801-805.” Smith v. Goodwill Industries of the Miami Valley,
Inc., (1998), 130 Ohio App.3d 437, 441-442.
IMPORTANT NEW CASE LAW: Independent contractors, from
accountants and attorneys, to tradespersons, contractors and subcontractors
may now sue their clients and/or customers for creating a hostile work
environment. On January 10, 2000, the U.S. Supreme Court let stand
a May, 1999 decision of the U.S. Court of Appeals for the 1st Circuit
in Danco, Inc. v. Wal-Mart Stores, Inc., under 42 U.S.C. §
1981, which had previously barred discrimination in private contracts.
In declining to review the appellate decision, the U.S. Supreme Court
let the Wal-Mart decision stand and become the controlling case
law in these matters, under Title VII. While no other circuit has ruled
similarly, the Court’s ruling could encourage similar litigation
in other federal circuit courts.
Essentially, this ruling could expose companies to hostile work environment
suits by individuals who believe they have been mistreated or terminated
because of race or gender-based hostility in the work environment.
* * *
Author: J. NORMAN STARK is an Attorney-at-Law,
a Registered Architect, (AIA, NCARB) Registered Landscape Architect, Interior
Designer, Planner and Senior Appraiser (ASA), admitted to practice law before
the Bar of Ohio, the US District Courts, Ohio and Illinois (Central Dist.),
the US Court of Appeals, and the United States Supreme Court. He has had
experience in business, Construction, Real Property, Litigation and Construction-Legal
Project and Crisis Management.