By Judy Clabes
NKyTribune editor
A Court of Appeals three-judge panel has ruled in favor of Scott and Lorrie Hill, “reversing and remanding” the decision of Kenton County Circuit Court Judge Kathleen Lape in a lawsuit involving the Hills’ property in Covington’s upscale Licking Riverside Historic District.
The case, which has been awaiting the Appeals court decision since February 2022, involves a dispute with former neighbors, Peggy Rankin and Marc Tischbein, over a garage and driveway/gate located on the Hills’ property.
Judge Lape, the Appeals Court ruled, erred in her “summary judgment” in Tischbein-Rankin’s favor. They had argued “adverse possession and prescriptive easement” related to property at 420-422 Riverside Drive and 109 Shelby Street. The property sits at the confluence of the Licking and Ohio rivers with vistas that the Hills sought in their “dream retirement home.” The Hills moved there from Terrace Park in Ohio.
The garages: on the left, the Carriage House garage, attached to the Carriage House. On the right is the disputed garage, attached to the Carriage House garage and “claimed” by Tischman-Rankin though it appears on the survey as part of the Hills’ deed.
The Hills purchased the “Coach House” from David A. Klingshirn, who they met at church and who has long maintained that he sold the property to the Hills with the understanding that the garages were included in the sale. Indeed, the Hills had a deed to the property — and a mortgage based on the deed. They also contested — and won — the mortgage company’s threat to foreclose on their mortgage.
The Appeals Court’s ruling is clear and to the point, omitting only references reported by The Northern Kentucky Tribune to the cronyism in the Kenton County Courthouse that played into Judge Lape’s decision.
As the case comes back to her, Lape will have to correct her errors. The decision says the Circuit Court “should reconsider its judgment dismissing the Hills'” counterclaim and dismisses the “adverse possession and prescriptive easement” arguments entirely.
“We are thrilled with the ruling,” said Lorrie Hill. “We’re grateful for the support of our attorneys and friends who have stood by our side through this and hope that our continued fight for legal accountability will benefit all Kentuckians and not just ourselves.”
Their legal representatives had no comment on the issue, though attorney Kevin Murphy, of the MLJ Law Firm, said simply, “We are pleased with the decision and look forward to obtaining justice for our clients.”
The Hills, who now live in Alexandria, Va., vacated the Coach House several months ago, so that Scott Hill could take an employment position there. They have rented it out, though it is currently vacant. Rankin-Tischbein have also vacated the “Main House” in favor of a new home in Villa Hills.
For the Hills, who were driven nearly bankrupt by the costly court proceedings and who fled the harassment of their neighbors, their move was financially necessary. They had exhausted their options, given Judge Lape’s unfortunate ruling, now soundly debunked by the Appeals Court.
The NKyTribune has reported extensively on the neighbors’ dispute. See the stories here:
• Dispute over garage in historic Licking Riverside
• Case moves to Court of Appeals
• David Klingshirn speaks out.
The properties: Lorrie and Scott Hill’s pink Carriage House home on the left and Marc Tischbein-Peggy Rankin’s Main House home on the right.
In summary, the two parcels were divided before Klingshirn, Tischbein, or Rankin became involved with either property. It started when Klingshirn purchased the Main House, lived there with his good friend Marc Tischbein who assisted with the mortgage, the renovation, and the upkeep. In 1993, they had an opportunity to purchase the ‘Coach House’ directly behind the Main House — and Tischbein’s then-fiancee Peggy Rankin entered the picture.
The three jointly financed a renovation of the Coach House, the construction of two garages, and the installation of a driveway/gate. The first garage was attached to the Coach House and had an exit into its basement. The second garage adjoined the first, with a common wall.
In 2001, Klingshirn conveyed his interest in the Main House to Tischbein and Rankin who had married. In turn, they conveyed to Klingshirn their interest in the Coach House.
In 2017, Klingshirn — at age 79 — said he needed to cut his expenses and planned to go to a retirement community in Ohio. He approached Tischbein-Rankin about selling the two properties as one and they refused. They also refused to purchase the Coach House, so Klingshirn sold the Coach House to the Hills.
Since Klingshirn had used one garage and had allowed Tischbein-Rankin to use the other, the legal wrangling began. And the close friendship fell apart. It turned out that the second garage was four inches into the Main House property line. The Hills offered to tear down the second garage to satisfy Tischbein-Rankin, and that move was approved by the City of Covington. But Tischbein-Rankin claimed ownership of the second garage — based on “adverse possession” (a law that allows ownership of property used for at least 15 years if certain conditions are met). And suits were filed.
There was never written documentation of any of the “agreements” between Klingshirn and Tischbein-Rankin. Klingshirn referred to a “gentleman’s agreement” over the permissive use of the second garage in his court depositions.
The Hills had no “agreements” with Tischbein-Rankin but did have a deed to the property which was transferred to them from Klingshirn.
Now, it will be up to Circuit Court Judge Kathleen Lape to undo the damage she has done.
See the Appeals Court’s ruling in full here.
