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Guacamole Turkey Burger with Southwestern Salad is a healthy and delicious lunch or dinner option. Watch this video for the details of this recipe. You and your family will love the vibrant colors of this wholesome meal. Try it out this weekend. - 102.944
Guacamole is a nature's delight food; the buttery texture has almost replaced the butter from the vegan's palate. It's the healthiest fruit that helps reduce cholesterol from heart and prevent accumulation of cholesterol more than any other fruit. The chef... - 75.7937
GETTING READY 1. Preheat the oven or toaster oven to 350 degrees. MAKING 2. In a bowl keep the chicken breasts and sprinkle with 1/2 lime juice, garlic and black pepper on both sides. 3. Take out the stone, peel and mash the avocado in a serving bowl. 4.... - 47.807
MAKING 1) Mix together guacamole ingredients. 2) Warm the pita bread. 3) Fill each half with tomato, cheese and guacamole. 4) Top with alfalfa sprouts. SERVING 5) Serve immediately with your choice of sauce or dip. - 46.2206
Preheat broiler. Mix together ground beef, crushed corn chips, milk, Worcestershire sauce, and onion salt. Shape into 5 patties. Broil beef patties 3 inches from heat for 6 minutes; turn and broil till done, about 4 minutes more. Meanwhile, combine avocado... - 41.9127
MAKING 1. Roughly chop tomatoes and onions 2. Peel and slice the avocado. 3. In a food processor jar or liquidizer jar, combine tomatoes, onion, avocado and seasonings. 4. Pulse into a coarse paste. 5. Spoon into a sterilized jar and refrigerate.... - 33.6696


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Frisco Colorado B201 Water Tower
Frisco Colorado B201 Water Tower
Hide Property Details
- 3 bedrooms
- 3 bathrooms
- sleeps 11
- House
Description from the manager
This stunning and very spacious three bedroom townhome is perfect for the large family of group of friends. The living room boasts gorgeous furnishing and decor. There is a gas fireplace, high end entertainment center with surround sound, lake and mountain views, free wi-fi, washer/dryer and more! The master bedroom has a king bed, flat panel LCD TV, private full bathroom and walk in closet.
The 2nd bedroom has a queen bed, flat panel LCD TV, and its own full bathroom with deep soaking tub. The 3rd bedroom has a queen bed, flat panel LCD TV and own full bathroom. The loft can be used as a quiet sitting area, additional TV room or sleepi...Read more
Frisco Colorado B201 Water Tower
Silverthorne, Colorado
located in Silverthorne, Colorado, but cannot be displayed on a map. Contact the manager for more details
Additional Location Information
AvailableUnavailable Last updated: November 17, 2012 ◀▶
Rates shown in $ USD (change)
Date | Nightly Rate | Weekly Rate | Monthly Rate | |
All other dates Low Season | $249 | |||
2 night min stay | Any day check-in | ||||
All other dates Peak Season | $499 | |||
2 night min stay | Any day check-in | ||||
All other dates | ||||
night min stay | Any day check-in | ||||
Can't find rates for your travel dates? Contact the manager |
- Total Beds: 7
- Sleeps in Beds: 6
- Sofabed [?]
- Bedrooms: 3
- King Beds: 2
- Features: King Bed, Wireless Internet, Home Theater, HDTV
- Type: 3 Bedroom with Loft
- Queen Beds: 1
- Type of Lodging: Townhome
- Location: Free Shuttle Bus
- Hot Tub: No
- # Full Baths: 3
- Sleeps Total: 11 including sleeper sofa(s)
- Size: 1872 square feet
- Village: Frisco
- Twin Beds: 3
- Price: Enter valid dates to get pricing
- Rating: Platinum
- Washer/Dryer: In Room
- Smoking allowed - Ask
- Suitable for children - Ask
- Suitable for the elderly - Ask
- Wheelchair accessible - Ask
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Colorado Ski Resort Vacation Rentals
Calendar updated 13 months ago
Rating 4.5 / 5.0 based on 222 properties
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subset: commoncrawl


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In the beginning, this book got me really interested. Toward the middle, it was okay But as I started to make my way toward the end, I could read it anymore. It truthfully, just got too boring.
Featured Events
Command A Starship
AADL's all new event series for adults and teens, Starship Battle League, takes flight on Saturday, December 21 with a demo session at the Downtown Library at 1:00 pm.
Crew up with a six-person team to staff a baseship command center and two support ships - then prepare to battle enemy forces in space!
Featured Products
Find out about all of the library's fun stuff for kids with AADL's parent page! JUMP is your stop to find recommended stuff for kids and learn about upcoming library events. Parents can also get information to plan their visit to the library an even find out about resources to help kids with their homework. It's all at jump.aadl.org!


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This is a place devoted to giving you deeper insight into the news, trends, people and technology behind Bing.
July 22
We are in the final round of voting for the Bing Home Page Photo Contest! Thousands of amazing photos have been submitted and voted for, which has made it very difficult to limit ourselves to only 8 finalists. During the selection process we looked for photos that would draw people in, tell a story and make you want to find out more. And of course, they had to work within the confines of the page and that adhere to the official guidelines. Thank you to everyone that has participated this far! It has been amazing to see all of the creativity and talent of the community.
Here are the amazing 8 finalists, one of which will make it to the Bing Home page on August 3rd:
The winner will be determined by the total number of votes. Go see, vote for, and share your favorite photo! Voting will close end of day, July 26th. The winner will be announced on July 27th and all of the top photos and photographers will be featured on our Facebook page. The winning photo will be showcased on the Bing Homepage on August 3rd for one whole day!
We can't wait to see which one you'll choose! GO VOTE! Elif Ertem - Bing
The lightning-strike photo is especially impressive, if it was a captured as a naturually occurring phenomenum and not a photo-edited composite. I like it.
Very nice Pictures !!!!!!
Wow there all brilliant
I agree with no2moro if it's not Photoshop job that's a great picture.
After that I like the waves crashing on rocks.
Maybe, I will submit a photo in the next contest. But I will hurry to Facebook and vote. It's a good way to get the community involved and have a say.
All Are Amazing Photos !!!
Thanks for your nice pictures
All are amazing pictures and it confusing which one to select but i vote for the cool bridge with innocent bird sitting too far and enjoying looking brigde.
those are brilliant pictures, i choose last image as looks very natural scenery of buildings and sky.
Nice pictures...
Wonderful image by Jeremy Somers, won the contest for his pic. Congrats.
Wow the ocean wins easy. That is raw natural power and energy. How can you beat that. Hands down winner.
Those are all amazing photos!


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Goldsmiths Alumni
A group full of work from Goldsmiths, University of London students past and present to share their videos and work with people in the Vimeo universe and beyond.
All submissions from current and past students welcome.
Message me if you have trouble adding your video to the group or send me a link and I'll add it for you.
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Central government staff to get DA hike
New Delhi, Sep 20 : The cabinet Friday approved an additional instalment of Dearness Allowance (DA) to around 50 lakh central government employees and Dearness Relief (DR) to pensioners.
The hike in DA would come in effect from July, from when the central government employees and pensioners would be entitled for DA/DR at the rate of 90 percent of the basic pay, an official statement said.
It would cost Rs.10,879.60 crore per annum and Rs.7,253.10 crore in the financial year 2013-14.
The increase is in accordance with the accepted formula based on the recommendations of the Sixth Central Pay Commission, said the statement.
--IANS (Posted on 20-09-2013)
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india-news headlines
India trying to get jailed merchant navy captain back for son's last rites: MEA (Amended:MEA)
Tough to deal with red tape, says PM
Supreme Court notice over alleged PwC irregularities
Ready to support cricket in Nepal: Indian envoy
Pension protest at PM's House: Aruna Roy, others detained
Capital to host Israeli film fest
Criminal cases against 17 percent of Rajya Sabha MPs
Quick Links: Goa | Munnar | Pondicherry


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Glossary: Zamboni
That's Italian!
Well, the Zamboni is in fact an Italian invention. In 1949, Frank Zamboni invented the world's first self-propelled ice resurfacing machine—and named it after himself. His invention eventually earned Frank a spot in the National Inventors Hall of Frame in 2007 and forever revolutionized the maintenance of ice rinks. Several other companies, including Olympia, make ice resurfacers, but the name Zamboni is in such common usage that using the brand name—as with Frisbee and Kleenex— is clearer than using the generic name. Today's Zambonis are mostly electric not gas, meaning that a power outage at a rink equals maybe one resurfacing tops.
I Wanna Drive the Zamboni!
To fulfill many a sports fans' dreams, many rinks offer Zamboni (err, ice resurfacer) driving lessons. With sponsorships that trick out the Zamboni like a trash truck, ambulance and more, you can even fantasize you're more than an ice resurfacer. And if you've never heard the song dedicated to it, you're missing out!
Editor's Note: Thank you to Rose Conry, an intern with the Grow the Game Initiative, for this story. Rose studies journalism at Northwestern University, loves all sports and sails competitively with the university's club team.
Fatal error: Call to undefined function wp_related_posts() in /nfs/c03/h06/mnt/57119/domains/phoenixcoyotescare.com/html/wp-content/themes/PhoenixCoyotesCare/single.php on line 32


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Booba has a Starscore of 337,056 and is No.935 today on the Global social media chart
With a total of 1,387,483 Twitter followers, 3,166,146 Facebook fans and 250,627,171 YouTube views. Today Booba gained 1,265 Twitter followers, gained 5,266 Facebook fans and gained 262,514 YouTube views. His social media ranking has moved down 33 places in the daily Singer Chart to no.149 and has dropped to no.158 in the all time Singer Chart.
Social highlights from Booba
Loading social feeds
Discover more charting stars
(Note: All figures below are aggregate totals counting fans from all accounts and pages that a brand has.)
Currently charting outside the top 200 in these charts
Musician chart Music chart Europe chartElie Yaffa, better known under his stage name Booba, is a French rapper. After a brief stint as a break dancer in the early 90's, Booba partnered with his friend Ali to form Lunatic. The duo released a critically acclaimed album in 2000 but disbanded in 2003. Booba has since embarked on a successful solo career, selling more than one million discs over his career and becoming the most legally downloaded artist in French history. Today, Booba is an icon of modern French pop culture, typically revered for the quality of his flow and beats but often criticized because of controversial nature of his lyrics.


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Home & Education
Showing page 1 of 1.
Open-School Community Edition School Management Software
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sudoku Solver A sudoku solver project built with Java with a user friendly interface
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GeSchoolS Logiciel de Gestion Scolaire
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SU1X This is a tool designed to automatically configure Windows XP/Vista/Win7 clients easily for use on a wired and wireless network. Designed with mass deployment and easy customisation in mind. Originally designed for a academic environment
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Activity Prediction Software To envision the radiation exposure in Neutron Activation Experiments
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PConMe for Education© PConMe© is a highly portable computing sandbox for educational use
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Thinking about brains, theories, Buddhism, and mental illness. Occassionally I try to help other people understand why philosophy is not a waste of time (even though I sometimes think that pieces of it may very well be a waste of time). I basically get paid to do the stuff I would do in my free time. That makes me both happy and, perhaps, luckier than 99% of the rest of the world's population.
My life till now: Athens, GA to Berlin, Germany to Frankfurt, Germany to Atlanta, Georgia to Wiesbaden, Germany to Baltimore to Berlin and back and forth to my present home in Washington DC.
I am wondering if you, know which film I am referring to


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Doctors are urging you to get prepared for flu season, by taking a look back at years past.
"Last year was the most severe flu season in over a decade," said Dr. Harry Leider, the chief medical officer at Walgreen's.
Leider says when you run the numbers, Americans missed a collective 230 million days of work while out sick in 2012 -- losing out on $8.5 billion in wages. Two to three times more than what's typical.
"The reason it was so bad last year was it hit early," Leider said.
The flu peaked around December and a lot of people were not vaccinated, Leider said.
Children missed an estimated 91 million days of school.
And those who got sick, spread the virus to friends and family. Flu seasons are hard to predict and Leider says the best defense is a good offense -- that means getting your flu shot now.
"The best protection is not to predict the future, but to get vaccinated early, and now is a great time," Leider said.
Find out where you can get a flu shot today.


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Kylie Jenner at LAX airport with Kendall Jenner
I'm sorry, I can't film today because I have to study BUT I'm gonna film as soon as possible so don't worry
Kendall and Kylie will be joining their friends Stas, Jordyn and Hailey in NYC tomorrow!
"Do you have polyvore? xx" by Anonymous
yeah, but I never go on it though
"Hey do u know what kylie uses for her emoji?" by Anonymous
what do you mean?
"she buys plain white t-shirt from alexander wang????? She can buy them everywhere!" by Anonymous
well she can afford it so
"do you know where i can get what Kylie wore on the christmas episode? xo" by Anonymous
Sorry I don't know
"Do you know where kylie gets her plain white tshirts she wears out on casual days? like in the last photo where she was wearing the asos skirt xx" by Anonymous
I only know she has one from alexander wang, don't know about the other ones though
"whats your keek?" by Anonymous


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[Cite as Fischbach v. Mercuri, 184 Ohio App.3d 105, 2009-Ohio-4790.] IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MONTGOMERY COUNTY FISCHBACH, : : Appellate Case No. 23188 Appellant, : : Trial Court Case No. 06-CV-1720 v. : : (Civil Appeal from MERCURI et al., : (Common Pleas Court) : Appellees. : : ........... OPINION Rendered on the 11th day of September, 2009. ........... Gottschlich & Portune, L.L.P., Gary W. Gottschlich, and Martina M. Dillon, for appellant. Thomas P. Whelley II and Susan D. Solle, for appellees. ............. FAIN, Judge. {¶ 1} Plaintiff-appellant, Linda Fischbach, appeals from a summary judgment rendered in favor of defendant-appellee Roselyn Mercuri. Fischbach is the former spouse of a participant in the Ohio State Teachers Retirement System ("STRS"). Mercuri is the surviving spouse of the participant, who died without having retired from the system. −2− {¶ 2} Fischbach contends that the trial court erred in failing to recognize that a constructive trust arose by operation of law with regard to STRS funds held by Mercuri. Fischbach also contends that the trial court erred in finding that imposition of a constructive trust would violate Mercuri's due process rights. Finally, Fischbach contends that the trial court erred in failing to hold an evidentiary hearing to determine the percentage of funds belonging to Fischbach that remains in Mercuri's hands. {¶ 3} We conclude that the trial court erred in rendering summary judgment in favor of Mercuri. Under the undisputed facts, a constructive trust arose by operation of law with regard to STRS funds distributed by the divorce decree and inequitably held by Mercuri. A constructive trust does not violate statutes relating to public retirement funds, because it is not imposed on the retirement fund. Instead, the constructive trust is being imposed upon the funds received by Mercuri on the basis of unjust enrichment, as a result of a wrongful act by her late husband, the plan participant. Imposition of a constructive trust does not violate Mercuri's due process rights, because she received both notice and an opportunity to be heard regarding the issue of whether a constructive trust should be imposed. {¶ 4} Cosby v. Cosby, 96 Ohio St.3d 228, 2002-Ohio-4170, is distinguishable because in that case, unlike in this case, the divorce decree addressed only the issue of retirement benefits, not survivorship benefits. {¶ 5} Because the record is not entirely clear with regard to the precise amount of benefits that have been paid and are currently being paid, the trial court will need to make a determination as to the amount to be placed in the constructive trust. −3− {¶ 6} Accordingly, the judgment of the trial court is reversed, and this cause is remanded for further proceedings. I {¶ 7} Linda Fischbach and Joseph Mercuri divorced in August 1998, after almost 30 years of marriage. At the time, Joseph had vested retirement benefits in STRS. The separation agreement, which was adopted by the court as its order, provided as follows regarding the STRS benefits: {¶ 8} "13. Division of Husband's State Teacher Retirement Benefits. {¶ 9} "The parties acknowledge that the Husband currently has vested retirement benefits in the State Teacher's Retirement System. Further, the parties acknowledge that due to the applicable provisions of the Ohio Revised Code, that the parties are unable to divide the Husband's State Teachers Retirement Benefits pursuant to an appropriate Qualified Domestic Relations Order or another appropriate Court Order. Further, the parties acknowledge that as of June 30, 1997, the Husband is entitled to receive a monthly benefit from the State Teacher's Retirement System in the amount of Three Thousand Five Hundred Thirty-Five Dollars ($3,535.00). The Wife shall be entitled to receive from the Husband's benefits from the State Teachers Retirement System the amount of $1,767 per month of the Husband's monthly benefits when he retires and begins receiving his benefits. In the event that the Husband goes on disability, the Court shall retain jurisdiction to allow the Wife to make a claim. Further, if upon retirement, the Husband elects to receive a lump sum distribution of his State Teachers Retirement benefits, the Wife will be entitled to receive a portion of said lump sum distribution. The Wife's portion of said −4− lump sum distribution shall be determined by dividing the number of years of the parties' marriage by the number of years of the Husband's participation in the State Teachers Retirement system. The resulting percentage would then be divided in half, with the result being the Wife's share of any lump sum distribution received by the Husband from his State Teachers Retirement system. {¶ 10} "The Husband shall pay said amount, whether the monthly amount or the lump sum amount, directly to the Wife. Still further, if for any reason the State Teachers Retirement will not honor the Deduction Order concerning the Wife's share of the Husband's retirement benefit, then the Husband will pay directly to the Wife the sum of $1,767.50 of monthly retirement benefits from the State Teachers Retirement system beginning with the first month he receives benefits. Still further, the Husband shall elect the survivor annuity option concerning his State Teachers Retirement benefits and he shall designate the Wife as beneficiary of said survivor annuity up to the amount of said annuity benefits. Still further, the Husband shall elect a survivor benefit which survivor benefit shall pay to the Wife the amount of either the $1,767.50 for retirement [sic] for the remainder of her life. {¶ 11} "Still further, if in the future the Ohio law or any Federal law is amended or enacted which would permit the Husband's retirement benefits to be divided by an appropriate Qualified Domestic Relations Order, or other Court order, then the parties agree to modify this provision of their Separation Agreement to permit a Court of competent jurisdiction to issue an appropriate Qualified Domestic Relations Order, or other Court order, to permit the direct payment of the Wife's [sic] of the Husband's retirement benefits to her. Further, each party will cooperate with the other party in −5− the preparation, execution and submission of any further appropriate Qualified Domestic Relations Order, or other Court order, in regards to the division of the Husband's retirement benefits. Still further, the parties agree that the Common Pleas Court of Montgomery County, Ohio, Division of Domestic Relations, shall have continuing jurisdiction over this provision of the parties' Separation Agreement, in order to approve an appropriate Qualified Domestic Relations Order, or another Court order, if either of the two options becomes feasible for the division of the retirement benefits in the future." {¶ 12} At the time of the divorce, Joseph had accumulated about 30 years of service credit in STRS. The final judgment and decree of divorce, adopting the separation agreement, was filed in August 1998. Approximately two months later, Joseph filed a "designation of beneficiaries prior to service retirement" with STRS. Instead of designating Fischbach as the primary beneficiary to receive survivor benefits in the event of his death before retirement, Joseph directed STRS to apply the statutory succession of beneficiaries, which did not include ex-spouses. Joseph then married defendant-appellee Roselyn Mercuri in June 2000. His marriage revoked the beneficiary designation on file, pursuant to R.C. 3307.562(B). {¶ 13} In November 2003, Joseph filed another designation-of-beneficiary form with STRS. Joseph again failed to designate Fischbach as the primary beneficiary of his account in the event of his death before retirement. Instead, he named Roselyn Mercuri as the primary beneficiary, but failed to sign this beneficiary designation, as a result of which it was ineffective. {¶ 14} Joseph did not retire, but continued to work and accumulate credit with −6− STRS until he died at age 57, in 2005. Because Joseph had no valid beneficiary designation on file, STRS applied the statutory succession under R.C. 3307.562(C), which designates the surviving spouse as the primary beneficiary. Consequently, Mercuri began receiving 100 percent of Joseph's survivor benefits from STRS in August 2005. The amount of her benefits at the time of the lawsuit was approximately $4,500 per month. {¶ 15} In March 2006, Fischbach filed suit against Mercuri individually, and as administratrix of Joseph's estate. The complaint included claims for constructive trust, unjust enrichment, conversion, breach of contract, and an injunction. After both sides filed motions for summary judgment, the magistrate filed a decision rendering summary judgment in favor of Mercuri. The magistrate concluded that STRS benefits are governed exclusively by statutes, which require STRS to pay survivor benefits to the individual statutorily entitled to the benefit. In this case, the statutorily-entitled individual is the surviving spouse, because Joseph failed to designate a beneficiary prior to his death. The magistrate also relied on some Ohio cases that have rejected the imposition of a constructive trust in situations involving public retirement. {¶ 16} Fischbach filed objections to the magistrate's report, which were subsequently overruled by the trial court. The trial court adopted the magistrate's decision and rendered summary judgment in favor of Mercuri. {¶ 17} Fischbach appeals from the judgment of the trial court and raises three assignments or error. II {¶ 18} Fischbach's first assignment of error is as follows: −7− {¶ 19} "The trial court erred in adopting the magistrate's decision which failed to recognize the constructive trust arising by operation of law in appellant's favor over her funds in the possession of appellee." {¶ 20} Under this assignment of error, Fischbach contends that the magistrate and trial court incorrectly characterized the appropriate issue. Fischbach points out that the magistrate initially concluded that the issue is whether the court may impose a constructive trust on STRS survivor benefits. The magistrate and trial court then focused on the "source" of the res – STRS – rather than on the fact that a constructive trust is imposed on the recipient of funds that equitably belong to another, but are paid to the recipient as the result of a third party's wrongful act. {¶ 21} Fischbach also notes that the parties to the divorce took extraordinary measures to ensure that she received her fair share of the benefits that were earned during the parties' 30-year marriage, by providing for all conceivable scenarios regarding the STRS benefits: retirement with a pension option; retirement with a "lump sum" option; disability; and death before retirement. Finally, Fischbach contends that the trial court erred in disregarding a recent case that imposes a constructive trust on Public Employees Retirement System ("PERS") survivor benefits. In contrast, Mercuri relies on a 2002 Ohio Supreme Court case and its progeny, which reject imposition of constructive trusts on the benefits of public employees. {¶ 22} Before addressing these matters, we note that we review summary judgment decisions de novo, "which means that we apply the same standards as the trial court." GNFH, Inc. v. W. Am. Ins. Co., 172 Ohio App.3d 127, 2007-Ohio-2722, at −8− ¶ 16. "A trial court may grant a moving party summary judgment pursuant to Civ. R. 56 if there are no genuine issues of material fact remaining to be litigated, the moving party is entitled to judgment as a matter of law, and reasonable minds can come to only one conclusion, and that conclusion is adverse to the nonmoving party, who is entitled to have the evidence construed most strongly in his favor." Smith v. Five Rivers MetroParks (1999), 134 Ohio App.3d 754, 760. The parties in the case before us do not appear to disagree about the facts; they do dispute the proper interpretation of the law. {¶ 23} As a starting point for discussion, the case on which Mercuri relies is Cosby v. Cosby, 96 Ohio St.3d 228, 2002-Ohio-4170. In Cosby, a divorce decree provided that upon the husband's retirement, the wife would receive 40 percent of the husband's STRS fund, with the husband guaranteeing that the wife would receive at least $1,000 per month. Id. at ¶ 3. No provision for survivorship benefits was made. {¶ 24} The husband did not retire from STRS, but continued working until he died. He also did not designate his ex-wife as a beneficiary on the fund. As a result, his surviving spouse qualified as the statutory beneficiary, and the ex-wife did not receive any benefits. Id. at ¶ 4. The ex-wife then filed an action against the surviving spouse, claiming unjust enrichment, and asking for imposition of a constructive trust. Id. at ¶ 5. After a bench trial, the trial court held that the divorce award was unambiguous and was triggered only by the husband's retirement. Id. at ¶ 6. The court of appeals disagreed, reasoning that the ex-wife's percentage of the retirement account was part of the property division and that the law on that point, rather than the parties' intent, was dispositive. The court of appeals also found the surviving −9− spouse's retention of the entire benefit inequitable and supported imposition of a constructive trust. Id. at ¶ 8. {¶ 25} On appeal, the Supreme Court of Ohio reversed the decision of the court of appeals. The Supreme Court noted that benefits do not vest until STRS grants retirement, and STRS is statutorily prohibited from paying benefits until a member has actually retired. Id. at ¶ 11-15. Furthermore, a deceased member's designated beneficiary has the right to a survivor benefit, unless no beneficiary has been designated. In that case, the surviving spouse is the first person who is statutorily entitled to the benefit. Id. at ¶ 12. {¶ 26} In reversing the decision of the court of appeals, the Supreme Court concluded that the court of appeals' analysis had "blurred the statutory distinction between retirement and survivor benefits." Id. at ¶ 17. The Supreme Court stressed: {¶ 27} "[T]he appellate court failed to examine the statutory nature of the STRS benefits. In the divorce decree, Faye Cosby was awarded a portion of her former spouse's retirement benefits. Those benefits never vested. Instead, upon the death of Carel Cosby, STRS was required to pay survivor benefits to Bonnie Cosby. {¶ 28} "STRS benefits are governed exclusively by statute. Bonnie Cosby, as the qualified statutory beneficiary of Carel Cosby's STRS account, is currently receiving or has received survivor benefits under R.C. 3307.562. The court of appeals' decision imposing a constructive trust over a portion of Bonnie Cosby's benefits for the benefit of Faye Cosby is contrary to the statutory mandates of STRS. While we sympathize with Faye Cosby's situation, we are bound by the statutory mandates of the STRS and cannot ignore their requirements. Although we may not −10− like the result, a different solution lies only with the General Assembly." (Emphasis sic.) Id. at ¶ 18-19. {¶ 29} A number of appellate districts have subsequently applied Cosby to similar situations. In Ohio Pub. Emp. Retirement Sys. v. Coursen, 156 Ohio App.3d 403, 2004-Ohio-1229, the decree awarded the wife one-half of the marital portion of the husband's Ohio PERS account. The decree also ordered the husband to select a survivor benefit and to designate the wife as the irrevocable beneficiary of the survivor benefits. Id. at ¶ 2. The husband remarried, continued to work until he died, and did not designate his ex-wife as a beneficiary. Id. at ¶ 3. The trial court added PERS as a party and ordered PERS to pay the ex-wife survivor benefits as if her ex- husband had elected her as the irrevocable beneficiary. Id. {¶ 30} On appeal, the Ninth District Court of Appeals reversed. The Ninth District agreed that the ex-husband had agreed to designate his ex-wife as an irrevocable beneficiary of his survivor benefits. Nonetheless, the Ninth District held that the statutory requirements must be strictly followed. The Ninth District also held that it could not say the ex-wife was entitled to receive the survivor benefits. Id. at ¶ 5. When making this latter remark, the Ninth District cited Cosby, without discussion. Id. The issue of a constructive trust was not mentioned, as PERS was the only party in the case other than the ex-wife. {¶ 31} Similarly, in Schrader v. Schrader, Hocking App. No. 03CA20, 2004-Ohio-4104, a divorce decree provided that a wife was entitled to $58,000 from her husband's PERS account. The decree required the husband to designate his wife as a beneficiary on his account for that amount, and specified that if he failed to −11− do so, she would have a claim on his account. Id. at ¶ 9. Again, the husband failed to comply, and died before retiring. The ex-wife filed a claim against the estate for the amount to which she was entitled, but the estate was insolvent and the claim was not satisfied. Id. at ¶ 10. {¶ 32} The ex-wife then sued the husband's widow, claiming breach of contract and unjust enrichment. Id. at ¶ 11. After the trial court reluctantly dismissed the action based on Cosby, the ex-wife appealed, arguing that Cosby was not controlling because it did not involve contractual obligations, such as the provision for the claim on the husband's estate. Id. at ¶ 14. The Fourth District Court of Appeals disagreed, concluding that even if the divorce decree were a contract, the ex-wife could not be a beneficiary, because she was a party. In addition, the claim would be against the ex-husband's estate, because he was the other party to the agreement. Id. at ¶ 26-27. {¶ 33} The Fourth District further concluded that Cosby applied, stating that "[t]he gist of the holding in Cosby is that divorce proceedings could not circumvent the statutory provisions for the distribution of death benefits from public pensions. * * * That statement of public policy is the same regardless of the particular wording of the divorce decree." Id. at ¶ 28, citing Cosby, 2002-Ohio-4170, at ¶ 15-19. Like the trial court, the Fourth District expressed sympathy for the ex-wife's plight, but concluded that it was constrained to apply the law as it exists, and that relief, if any, must come from the General Assembly. Id. at ¶ 29. {¶ 34} The Seventh District Court of Appeals reached the same result in a situation involving very similar facts. See Snyder v. Snyder, Jefferson App. No. 04 JE −12− 16, 2004-Ohio-7216. In Snyder, the Seventh District noted that prior to January 1, 2002, common pleas courts faced with the present situation had two options – to read the statute strictly and deny benefits, or to impose a constructive trust. Id. at ¶ 18. The trial court had used the latter approach, by making PERS a constructive trustee for the funds owed to the ex-wife. Id. at ¶ 7. {¶ 35} The Seventh District noted that new statutes, R.C. 3105.80 et seq., were enacted effective January 1, 2002, and would allow ex-spouses to collect benefits without the application of principles of equity. Under the new statutes, when a trial court issues an order requiring payments from a public retirement program to an alternate payee, the court is to require that payments be made in accordance with and subject to limitations in R.C. 3105.82 to R.C. 3105.90. Id. at ¶ 19-21. Thus, an ex-spouse could be paid by a public retirement system as an alternate payee. {¶ 36} The decree in Snyder was issued after the new statutes became effective, but the decree did not contain the requirements that they outlined. Id. at ¶ 23. Because the statutory requirements had not been not followed, the Seventh District then considered whether principles of equity should apply to the statutory mandates of distribution for the public system in question (PERS). Id. Relying on Cosby and Coursen, the Seventh District concluded that the statutory mandates of distribution must be followed and that the trial court had erred in creating a constructive trust instead of following the statutory mandates. Id. at ¶ 30. The Seventh District also noted that the statutes existed at the time of the divorce, and that the ex-wife knew that her ex-husband had very young children (born out of wedlock) when the decree was filed. Therefore, the ex-wife could easily have −13− discovered that she would not receive survivor benefits unless she complied with the new statutes. Id. at ¶ 31. {¶ 37} Subsequently, the Fifth District Court of Appeals found that Cosby was not controlling, because the ex-wife in the case had been awarded " 'one-half the benefit' " of her ex-husband's pension as opposed to one-half of his "retirement benefits." Dayton v. Dayton, Stark App. No. 2004CA00388, 2005-Ohio-2722, at ¶ 11. Fischbach urges us to follow this reasoning and to distinguish Cosby, because the agreement in the case before us awards Fischbach both retirement and survivor benefits. {¶ 38} Dayton is not particularly instructive, because it involves a private pension plan, not a public retirement plan governed by statute. Id. Statutory mandates are a distinction that is stressed in Cosby and the other cases we have discussed. Of note, however, is the fact that the Fifth District later applied the same reasoning in a case that involves a public retirement plan. {¶ 39} That case is Leslie v. Johnston, Licking App. No. 2006-CA-00114, 2007-Ohio-2901. The parties in Leslie were divorced in 1998 and agreed that the husband would designate the wife as an irrevocable and sole beneficiary of PERS preretirement survivor benefits that would be paid if he died before retiring. Id. at ¶ 7. The husband agreed to submit documentation to the wife to prove that he had complied with this requirement. He also agreed to complete a new PERS beneficiary designation within seven days of any and all remarriages, to designate his ex-wife as the irrevocable and sole beneficiary, and to provide his ex-wife with documentation that a new designation form had been filed. Id. −14− {¶ 40} The divorce decree also contained provisions detailing the husband's agreement to take certain actions if he elected to receive a lump-sum payment on retirement, if he received monthly benefits, or if the ex-wife predeceased him. Id. at ¶ 8-10. After the divorce, the husband remarried and retired, electing to receive a pension during his lifetime and to have his beneficiary receive 10 percent survivor benefits. Id. at ¶ 12. Rather than naming his ex-wife as the 50 percent beneficiary, as required, he made his new wife the beneficiary. Id. His excuse for his actions was that he "forgot." Id. {¶ 41} The trial court held the ex-husband in contempt and created a constructive trust over his PERS account. The court ordered the ex-husband to execute a division-of-property order ("DOPO") directing PERS to pay the ex-wife $850 a month and to designate her as beneficiary of his $17,000 life insurance policy. These amounts were then to be used to establish an annuity for the ex-wife. Id. at ¶ 18. In addition, the trial court joined the current wife as a party and ordered her to pay $1,033 per month to the ex-wife in the event that both women survived the ex- husband. Id. at ¶ 19. {¶ 42} On appeal, the Fifth District Court of Appeals concluded that the case was more like Dayton than Cosby. Id. at ¶ 31. The Fifth District stated: {¶ 43} "In Cosby, the divorce decree provided for decendant's [sic] ex-wife Faye to receive a portion of her ex-husband's STRS retirement benefits upon his retirement. The decedent died before he retired, and thus STRS never paid any retirement benefits. The Court found retirement benefits are different from survivor benefits and Faye had no claim on the survivor benefits. Thus there was no res upon −15− which the court could impose a constructive trust. {¶ 44} "In Dayton v. Dayton, Stark App.2004CA00388, 2005-Ohio-2722, this court discussed Cosby as it impacted upon a case quite similar to the case at bar. In Dayton, the terms of the separation agreement between Patricia and Danny provided Patricia would share in Danny's retirement benefits. Danny died before he could retire, and his second wife received the survivor benefits. We found a constructive trust is an equitable remedy which may be imposed when property has been acquired 'in such circumstances that the holder of the legal title may not in good conscience retain the beneficial interest,' Dayton at paragraph 8, citations deleted. This court permitted a constructive trust over the pension benefits because Patricia's claim was for 'retirement benefits' which would include both retirement and survivorship payments. Dayton at [¶] 12. Thus unlike Cosby some of the benefits Patricia claimed survived Danny's premature death. {¶ 45} "We find the instant case more like Dayton and clearly distinguishable from Cosby in that here, the benefits in which appellee has an equitable interest may yet be paid if Rosa survives appellant. {¶ 46} "The parties agree PERS is governed by the Ohio Revised Code, and it is not permitted to change an election after the retirement date unless certain specific conditions are met. This only means the court cannot issue an order to PERS to change the designation of Rosa as appellant's survivor, and cannot order PERS to pay benefits to appellee. The trial court may impose a constructive trust over any benefits PERS actually pays to Rosa and may order her to turn the benefits over to appellee." Id. at ¶ 29-32. −16− {¶ 47} Because the Fifth District concluded that the current wife could not be ordered to pay more than she actually received from PERS, the decision was reversed and remanded for entry of an appropriate order. The court also remanded that case to allow further evidence that would accurately identify the extent of the ex- wife's damages and for imposition of an award that would restore her share of the marital benefits. Id. at ¶ 40. {¶ 48} Fischbach contends that we should follow the reasoning applied in Leslie. In contrast, Mercuri contends that we should reject Leslie and should follow the three appellate districts that have applied Cosby. Mercuri also distinguishes Leslie on two grounds. First, Mercuri notes that Leslie involves PERS benefits, which may have statutory provisions that differ from those governing STRS. In addition, Mercuri stresses that the ex-husband in Leslie was alive at the time the action for a constructive trust was brought. {¶ 49} These distinctions are not persuasive. As an initial matter, we note that Leslie involves two separate remedies. The trial court ordered the ex-husband to execute a DOPO, directing PERS to pay his ex-wife $850 per month. This is consistent with the statutory scheme in R.C. 3105.80 et seq, which became effective in 2002 and allows public retirement systems to pay alternate payees. There would be no distinction between PERS and STRS in this regard, as R.C. 3105.80 et seq. applies to both PERS and STRS, as well as other public retirement systems in Ohio. See R.C. 3105.80(F). Furthermore, even though the ex-husband in Leslie was still alive at the time of the action, the constructive trust remedy was imposed against his current wife with regard to benefits she would receive after his death. Therefore, −17− Leslie is not distinguishable on the bases Mercuri suggests. {¶ 50} We also note that at least one appellate district has deviated from its prior approach. Specifically, the Ninth District Court of Appeals adopted a different approach subsequent to its decision in Coursen. In Romans v. Romans, Summit App. No. No. 23181, 2006-Ohio-6554, the Ninth District considered a situation in which the parties' 1999 divorce decree divided their state of Ohio pension plans and designated the ex-spouse as the surviving spouse in the event of death. After the divorce, but before the husband retired, Ohio law was changed to allow a DOPO for public pension plans. Id. at ¶ 3. {¶ 51} The husband initially complied with the divorce decree by naming his ex-wife as the beneficiary for his pension benefits. Id. at ¶ 4. He subsequently remarried and retired, but he did not change the beneficiary designation after his second marriage. Id. at ¶ 4. When the husband retired, he learned that he could not split beneficiaries, and could not list a beneficiary other than his current wife without her consent. His current wife, however, refused to consent. Id. at ¶ 5. When the ex- wife learned that she was not listed as a beneficiary, she filed a motion for contempt and also moved to add the current wife as a third-party defendant. Id. at ¶ 6. {¶ 52} The trial court denied the motion for contempt, but imposed a constructive trust on the current wife with regard to the survivorship benefits of the STRS pension. Id. On appeal, the Ninth District Court of Appeals affirmed. The Ninth District concluded that the contempt motion was properly denied, based on impossibility, because there was no plan in existence at the time of the husband's retirement that would allow him to designate his ex-wife as a beneficiary without his −18− current wife's consent. Id. at ¶ 14-16. In addition, R.C. 3105.80 et seq. allow domestic relations courts to enter DOPOs regarding divorced parties' retirement plan. {¶ 53} But "the legislature limited DOPOs to retirement benefits by terminating the alternate payee's rights to benefits upon either the death of the participant or the alternate payee, whichever occurs first. R.C. 3105.86. Accordingly, the statute does not provide an alternate payee a survivorship right in a participant's STRS benefits." Id. at ¶ 13. {¶ 54} Nonetheless, the Ninth District concluded that the trial court had properly imposed a constructive trust on 34.8 percent of the monthly STRS survivorship benefits that the current wife would receive upon the husband's death. Id. at ¶ 22-23. The Ninth District stated as follows in this regard: {¶ 55} "As noted above, R.C. 3105.86 eliminates Appellant's survivorship rights to Appellee's pension. The trial court and this Court both recognize that Appellant and Appellee bargained for survivorship benefits in their Divorce Decree. While the statute clearly prohibits Appellant from receiving survivorship benefits from the pension plan, it does not prevent Appellant from receiving her share of the survivorship benefits from Maryann Romans through a constructive trust. Further, Appellee acknowledges in his brief that the constructive trust is an equitable approach to implement the terms of the Divorce Decree and thus did not cross-appeal the trial court's imposition of the constructive trust. While we agree that the constructive trust leaves the possibility that Appellant will not be made whole should Maryann Romans predecease Appellant, the constructive trust is the best possible solution to ensure that Appellant receives her bargained for survivorship −19− rights despite the statutory prohibition of R.C. 3105.86." Id. at ¶ 23. {¶ 56} We agree with the approach taken by the Fifth and Ninth Appellate Districts. Initially, we note that there are a number of distinctions between Cosby and the case before us. In Cosby, the Supreme Court of Ohio did not even consider R.C. 3105.80 et seq., because those statutes were not in effect when the pension participant in Cosby died. See Cosby, 2002-Ohio-4170, at ¶ 4 (noting that the ex- husband died in 1997, which is well before the January 2002 effective date of R.C. 3105.80 et seq.) More importantly, Cosby relied on the distinction between "retirement benefits" and "survivor benefits." The decree in Cosby had ordered the division of only "retirement benefits," which had not vested at the time of the ex- husband's death. Id. at ¶ 18. In the case before us, the separation agreement and decree deal with various contingencies, including retirement, disability, a lump-sum option, and death before retirement. {¶ 57} As Fischbach points out, the constructive trust is not being imposed on STRS and therefore does not impact the statutory scheme. The constructive trust is being imposed on funds in the hands of a party who has been unjustly enriched. As the Supreme Court of Ohio has stated: {¶ 58} "A constructive trust is a ' "trust by operation of law which arises contrary to intention and in invitum, against one who, by fraud, actual or constructive, by duress or abuse of confidence, by commission of wrong, or by any form of unconscionable conduct, artifice, concealment, or questionable means, or who in any way against equity and good conscience, either has obtained or holds the legal right to property which he ought not, in equity and good conscience, hold and enjoy. It is −20− raised by equity to satisfy the demands of justice." ' * * * A constructive trust is considered a trust because ' " [w]hen property has been acquired in such circumstances that the holder of the legal title may not in good conscience retain the beneficial interest, equity converts him into a trustee." ' * * * {¶ 59} "A constructive trust is an equitable remedy that protects against unjust enrichment and is usually invoked when property has been obtained by fraud. * * * '[A] constructive trust may also be imposed where it is against the principles of equity that the property be retained by a certain person even though the property was acquired without fraud.' " (Emphasis added.) Estate of Cowling v. Estate of Cowling, 109 Ohio St.3d 276, 2006-Ohio-2418, at ¶ 19. {¶ 60} In Cowling, the Supreme Court of Ohio approved imposition of a constructive trust on stocks and assets in brokerage accounts that were transferred to the plaintiff's stepchildren by their father, in violation of the plaintiff's marital and joint interest, even though there was no evidence that the stepchildren had done anything improper. Id. at ¶ 2-3. Likewise, in Dice v. White Family Cos., 173 Ohio App.3d 472, 2007-Ohio-5755, we held that the plaintiffs had satisfied the common law elements for an unjust-enrichment claim and imposition of a constructive trust against parties who had committed no wrongdoing but were the beneficiaries of funds wrongfully taken from the plaintiffs by a third party. Id. at ¶ 56-60.1 {¶ 61} The divorcing parties in this case agreed that Joseph would designate Fischbach as the beneficiary of his survivor annuity and would elect a survivor benefit 1 We ultimately concluded that the plaintiffs could not pursue their unjust enrichment claim due to UCC principles regarding holders in due course. 2007-Ohio- 5755, at ¶ 61. This conclusion is irrelevant for purposes of the case before us. −21− that would pay Fischbach $1,767.50 monthly for the remainder of her life. The parties also agreed that if Ohio law were subsequently amended to permit Joseph's retirement benefits to be divided by an appropriate QDRO or other court order, the separation agreement would be modified. And finally, the parties agreed that the trial court would retain jurisdiction over this provision in the separation agreement to approve an appropriate court order. {¶ 62} After the decree and separation agreement were filed, Ohio law was amended to allow courts to issue DOPOs that can divide public retirement benefits. As was noted in Romans, DOPOs are limited to retirement benefits, because the alternate payee's rights to benefits terminate under R.C. 3105.86 upon the death of the pension participant or the alternate payee, whichever occurs first. 2006-Ohio-6554, at ¶ 13. Bargained-for survivorship benefits may be received, however, not through direct payments by the public retirement fund, but through a constructive trust equitably imposed on property in the hands of a private party. Id. at ¶ 23. {¶ 63} "Prior to retirement, the participant may designate whomever he wishes as his beneficiary as there is not spousal consent required for the election of a beneficiary. R.C. 3307.562(B). This beneficiary designation is only valid prior to retirement." Romans v. Romans, 2006-Ohio-6554, ¶ 11. Thus, Joseph could have designated Fischbach as his beneficiary at any time before his death, and that designation would have been effective to establish Fischbach as his beneficiary for survivorship benefits, because Joseph died before retiring. And Joseph was ordered to designate Fischbach as his beneficiary under the divorce decree. Therefore, his −22− failure to do so was wrongful, and Mercuri received, and continues to receive, survivorship benefits as a result of Joseph's wrongful failure to have designated Fischbach as his beneficiary. As a result, Fischbach's receipt of these benefits is the inequitable result of Joseph's wrongful act (or omission to act), and the imposition of a constructive trust is an appropriate equitable remedy. {¶ 64} Fischbach has also alleged error in the trial court's failure to consider the various claims that were brought for breach of contract. We note that Fischbach sued Mercuri individually and as administratrix of Joseph Mercuri's estate. Even under cases applying Cosby, Fischbach would appear to have a claim against the estate. See Schrader, 2004-Ohio-4104, at ¶ 27, and Hansford v. Pub. Emp. Retirement Sys., 170 Ohio App.3d 603, 2007-Ohio-1242, at ¶ 15. Therefore, the trial court erred in failing to consider the claims brought against Mercuri in her capacity as administratrix of the estate. {¶ 65} We conclude that the trial court erred in refusing to impose a constructive trust on funds held by Roselyn Mercuri. Fischbach's first assignment of error is sustained. III {¶ 66} Fischbach's second assignment of error is as follows: {¶ 67} "The trial court erred in adopting the magistrate's decision which found that imposition of a constructive trust would violate appellee's procedural due process rights." {¶ 68} Under this assignment of error, Fischbach contends that the trial court and magistrate erred in concluding that imposition of a constructive trust would −23− violate Mercuri's procedural due process rights. The trial court and magistrate both found that the divorce decree could not be enforced against Mercuri because she was not a party to the divorce and had no opportunity to be heard on the subject of the benefits. {¶ 69} In reaching this holding, the magistrate relied on a footnote from Schrader, in which the Fourth District Court of Appeals stated: {¶ 70} "We also parenthetically note that, to make the divorce decree binding on appellee when she was not a party to the divorce action and received neither notice nor an opportunity to be heard, would violate her procedural due process rights. See Shiltz v. Shiltz (Mar. 16, 1982), Highland App. No. 453 (holding that both state and federal law are 'legion' in enunciating the principle that due process requires notice and an opportunity to be heard)." Schrader, 2004-Ohio-4104, at ¶ 26, fn. 6. {¶ 71} Fischbach contends that these due process comments do not apply, because her rights to a portion of the retirement funds or income stream triggered by Joseph's death vested at the time of the divorce decree. The portion of the funds that remains after the deduction for Fischbach's portion belongs to someone else. In this case, that someone is Mercuri, because she is the only other claimant to the funds. Fischbach also contends that the due process comments in Schrader are dicta because they are not necessary to the court's holding in the case. Finally, Fischbach notes that the case relied on by the Fourth District (Shiltz) is a contempt action and has nothing to do with the situation at hand. {¶ 72} Taking the latter point first, we agree that Shiltz does not provide a −24− basis for granting due process rights to Mercuri in connection with the prior divorce decree. Shiltz involves a contempt case that was originally brought against a husband who had failed to pay support. The husband was initially sentenced, and the sentence was stayed, contingent upon his payment of support. The husband subsequently filed a motion to reduce support due to unemployment and attached an affidavit from his former wife, who consented to the reduction. {¶ 73} At the hearing on the motion for reduction of support, the magistrate sua sponte reinstated the suspended sentence because the husband had failed to comply with the terms of the suspension. The Fourth District Court of Appeals reversed, holding that the trial court had deprived the husband of procedural due process by failing to notify him that his violation of the suspension order would be addressed at the motion hearing. See Shiltz v. Shiltz (Mar. 16, 1982), Highland App. No. 453. {¶ 74} We agree with the holding in Shiltz, but we do not agree with the Fourth District's subsequent application of the due process requirement in Schrader. Constructive trusts differ from actions for contempt. Contempt actions are brought directly against a party who has violated a court order previously imposed against the party. In contrast, constructive trusts are generally imposed upon parties who are not normally or directly part of an original transaction. Instead, they have received property that belongs to another, typically by transfer of assets that belong to, or are claimed by, one of the parties to the original transaction. {¶ 75} We also conclude that due process is being accorded in the case before us, because the recipient of the funds has had notice and an opportunity to be −25− heard in court on the issue of whether a constructive trust should be imposed. To hold otherwise would be inconsistent with the purpose of constructive trusts. {¶ 76} As was noted earlier, constructive trusts are imposed where a party " ' "who in any way against equity and good conscience, either has obtained or holds the legal right to property which he ought not, in equity and good conscience, hold and enjoy." ' " Estate of Cowling, 2006-Ohio-2418, at ¶ 18. Unlike a contempt situation, the party against whom a constructive trust is imposed would not normally have been part of the original transaction giving rise to the claim for funds. {¶ 77} For example, in Cowling, the subjects of the constructive trust were stepchildren who had been given stocks and other assets by their father, in violation of his wife's joint rights to the property. Id. at ¶ 2-3. The stepchildren were not parties to the original transactions between the husband and wife and had had no opportunity to be heard then. However, they did receive notice and an opportunity to defend their interests in the action that was filed for imposition of a constructive trust. They were also protected by the fact that a "party seeking to have a constructive trust imposed bears the burden of proof by clear and convincing evidence." Id. at ¶ 20. {¶ 78} Likewise, in Ferguson v. Owens (1984), 9 Ohio St.3d 223, the defendant being sued for imposition of a trust was not a party to the original action that gave rise to the plaintiff's claim to funds. In Ferguson, the underlying divorce decree required a husband to provide life insurance in the amount of $100,000 for the benefit of his children. The decree also provided that his ex-wife would be the owner of the policy. Id. The husband purchased a $100,000 accidental death and dismemberment policy in favor of the children. However, he also designated the −26− woman with whom he was living as the beneficiary on a $40,000 life insurance policy that his employer provided. Id. at 223-224. {¶ 79} After the husband's death, his ex-wife and children brought an unjust- enrichment action against the woman and asked for imposition of a constructive trust. Id. at 224. The lower courts granted summary judgment against the wife and children, concluding that there was "no demonstration upon the record, sufficient to create a genuine issue of material fact that the appellee acquired a right to those proceeds by any means contradictory to the fundamental principles of equity." Id. at 225. {¶ 80} The Supreme Court of Ohio disagreed, holding that the facts reasonably presented an issue of whether the accidental-death-and-dismemberment policy was the type of policy contemplated by the decree. If the policy did not satisfy the requirements of a "life insurance policy," then a further factual determination would be required regarding whether the $40,000 life insurance policy fit within the boundaries of the decree. This had to do with the wording of the decree and the fact that the husband had changed employers after the decree was filed. Id. at 227. {¶ 81} During the course of its discussion, the Supreme Court of Ohio clearly indicated that a constructive trust on behalf of the wife and children could be imposed upon the proceeds of the life insurance policy if they established their entitlement under the divorce decree. The issue was not one of due process; it was whether the terms of the decree were ambiguous and how they should be construed. {¶ 82} Notably, the woman with whom the husband lived at the time of his death was not a party to the divorce decree, and the Supreme Court had no apparent −27− concern with due process. This is because the nature of a constructive trust, in general, is that subsequent actions will give rise to the claim that a constructive trust should be imposed. See, e.g., Willis v. Willis, Franklin App. No. 02AP-1337, 2003-Ohio-2581 (action by former spouse and children against current spouse of decedent, for imposition of constructive trust on life insurance policy proceeds, where children were supposed to be made beneficiaries pursuant to the divorce decree), and Groza-Vance v. Vance, 162 Ohio App.3d 510, 2005-Ohio-3815 (affirming constructive trust that was imposed with regard to property in Florida that had been improperly conveyed to husband's daughter from his second marriage. The divorce decree between the husband and his third wife required him to bequeath his real property to the third wife and also required that he not take actions to alter or change this provision in his will). {¶ 83} "Due process" occurs when the party in possession of the property is accorded an opportunity to be heard in court on the issue of whether a constructive trust should be imposed. Mercuri received this opportunity. The trial court and magistrate erred, therefore, in concluding that Mercuri failed to receive due process because she was not a party to the divorce decree. {¶ 84} Accordingly, Fischbach's second assignment of error is sustained. IV {¶ 85} Fischbach's third assignment of error is as follows: {¶ 86} "The trial court erred in adopting the magistrate's decision which failed to require an evidentiary hearing to ascertain the percentage of funds in appellee's possession which belong to appellant." −28− {¶ 87} Under this assignment of error, Fischbach contends that the trial court erred in failing to conduct an evidentiary hearing to ascertain the percentage of the income stream that rightfully belongs to each party. The trial court concluded that a hearing was unnecessary because summary judgment had been rendered in Mercuri's favor. Therefore, there was no amount to compute. {¶ 88} Fischbach contends that paragraph 13 of the separation agreement is ambiguous and that when all the provisions in the separation agreement are considered, the parties' intent was to provide Fischbach with a share of survivorship benefits equal to the term of the marriage over the term of the accrual, or in other words, approximately 30 years (the length of the marriage), divided by approximately 38 years (the months of Joseph's participation in STRS), divided by 50 percent. {¶ 89} The survivorship portion of the decree states that: {¶ 90} "Still further, the Husband shall elect the survivor annuity option concerning his State Teachers Retirement benefits and he shall designate the Wife as beneficiary of said survivor annuity up to the amount of said annuity benefits. Still further, the Husband shall elect a survivor benefit which survivor benefit shall pay to the Wife the amount of either the $1,767.50 for retirement [sic] for the remainder of her life." {¶ 91} Although this provision could have been worded a bit more clearly and has an obvious typographical error, the parties appear to have intended Fischbach to receive at least $1,767.50 for the remainder of her life. The formula suggested by Fischbach leads to a very similar result – approximately $1,776.2 2 Assuming that the monthly STRS benefits are $4,500, the monthly amount to be −29− {¶ 92} Because the record is not completely clear as to the precise amount of benefits Mercuri is currently receiving, this matter will be remanded to the trial court for resolution of the current amount of benefits, the percentage that should have been subject to a constructive trust, and any past amounts that may have been inequitably retained following Joseph's death in 2005. When we say "inequitably retained," we are not implying that Mercuri committed misconduct. As noted previously, fraud is not required in order for a court to impose a constructive trust. We are simply referring to the fact that although Mercuri has legal title to the funds, she should not, in good conscience, retain funds that were awarded to Fischbach in the divorce and that have been received by Mercuri as a result of Joseph's wrongful act in failing to comply with the divorce decree's requirement that he designate Fischbach as his beneficiary. {¶ 93} Fischbach's third assignment of error is sustained. V {¶ 94} All of Fischbach's assignments of error having been sustained, the judgment of the trial court is reversed, and this cause is remanded for further proceedings consistent with this opinion. Judgment reversed and cause remanded. BROGAN and FROELICH, JJ., concur. held in the constructive trust would be approximately $1,776, which is very close to the figure mentioned in the decree.
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Florence City Councilman Ed Robinson has organized the annual Martin Luther King Junior march for 14 years.
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Charges against Florence City Councilman Ed Robinson dropped
Monday, August 27, 2012
NewsChannel 15 has learned charges of resisting arrest have been dropped against Florence City Councilman Ed Robinson.
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Downtown Florence businesses could be forced to fix-up
Wednesday, February 01, 2012
A proposed ordinance in Florence would require property owners to fix up their buildings.
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Florence Councilman: new voter ID law discriminates against blacks and poor
Friday, May 20, 2011
Florence City Councilman Ed Robinson says the law is a push to keep African Americans and the poor from voting.
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Smoking ban proposal delayed in Florence
Friday, March 11, 2011
A smoking ban ordinance will now not be introduced until Florence City Council's April 12th meeting because a council member will be out of town for next Monday's meeting.
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Florence honors Martin Luther King, Jr.
Monday, January 17, 2011
A cold, gray Martin Luther King, Jr. Day didn't darken the spirits of the 300 people who marched two miles through downtown Florence Monday.
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Ed Robinson holds rally for change
Saturday, October 23, 2010
Not far from the Tea Party Patriots event, Florence City Councilman Ed Robinson held a rally for change. Robinson's rally focused on a number of issues that he says is plaguing his district and the entire city of Florence.
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Florence councilman holds "Rally for Change"
Friday, October 22, 2010
Florence City Councilman Ed Robinson is holding a "Rally for Change" on Saturday.
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Councilman pushes for community surveillance cameras
Friday, August 06, 2010
Florence City Councilman Ed Robinson wants to put up surveillance cameras in a community that's been hit hard by burglaries and break-ins.
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Another candidate announces for Florence District 2
Monday, March 08, 2010
Florence City Councilman Ed Robinson has more competition for the upcoming Democratic Primary Election in June.
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Florence mayor, councilman wage war of words
Thursday, February 04, 2010
It's a war of words between the Florence Mayor Stephen Wukela and Florence City Councilman Ed Robinson, over the investigation of an officer-involved shooting.
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Florence city councilman calls for investigation
Wednesday, February 03, 2010
Florence City Councilman Ed Robinson is calling for the U.S. Justice Department to investigate an officer-involved shooting.
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Heating oil stolen from 85-year-old woman
Saturday, January 30, 2010
Police in Florence responded to the Harmony Street Home of 85-year-old Ernestine Wright this morning, after someone stole 100 pounds of heating oil from her tank.
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By KEVIN McCALLUM
The Santa Rosa City Council gave a tentative green light to a developer who wants future residents of his downtown high-rise to be able to drive on a street now restricted to bus traffic.
On a 6-0 vote, the council instructed city staff to continue working with Hugh Futrell to find a way that future residents of Museum on the Square project will be able to safely access the building through the city transit mall on Second Street.
Futrell said the proposal will increase the leasable space by avoiding putting a driveway through the ground floor of the building.
City traffic officials had objected to Futrell's request, citing the possible interference with city buses and safety concerns for pedestrians.
But after hearing a presentation from an independent traffic engineer who said it could be done safely, council members said they thought the project was important enough to give it a try.
"There's lot of way to make this thing work," Councilman Scott Bartley said.
Museum on the Square is a city redevelopment project that proposes to transform the monolithic former AT&T building downtown into a 10-story glass tower with a museum and restaurant on the first floor and office and residential units above.
The project promises to create 261 short-term construction jobs, 523 long-term jobs and $68 million in annual economic activity.
"I think it's important that we start working these things through and try to get this project moving forward," Mayor Ernesto Olivares said.
Grey you forgot to mention. "So that Futrell can make more money charging excessive rent to the little guys for their businesses that want to go in that building"
2 2
All this so Hugh Futrell can make some extra money.
When does Futrell start to GIVE back to the City of Santa Rosa? When does Futrell do what is RIGHT by the City of Santa Rosa?
4 3
Council Members said they will study redevelopment. Towards that end the following is offered:
What is the cost [bond lawyers, underwriters, salespeople ect] of issuing bonds [borrowing] ? One hears it is about 30%, is that about right ?
In 2008 agency expenses were $12.8 Million, revenues were $9.8 Million. How was this deficit covered ? {p3 08}
In 2009 agency expenses were $15.8 Million, revenues were $9.2 Million. How was this deficit covered.
Who got a grant or grants from the agency [ names, dates, amounts] ? How much of the bond proceeds was give away in grants ?
Why did agency payroll increase from about $ 0.5 Million in 2007 to $1 Million in 2008 ?
Why were redevelopment areas combined ? Was it because one of them failed financially ?
Are taxes from all properties in a redevelopment area used to pay off the bonds ? Even properties which have not received redevelopment funds ?
How are bonds to be repaid if projects in redevelopment areas are tax exempt ? {p4 08}
The AT&T property now pays no real property tax. How much property tax was being paid before the agency/city bought the property ?
Hyatt got a $ 2 Million loan form the city in 2008. On what was it spent ?
Agency has spent $ 12.5 Million on Hyatt. Only about 0.5 Million has been repaid, is that about right ?
Agency stated city did not loan money to Grace Bros/Hyatt project. Financial report shows a $ 2 Million dollar loan. Please clarify. {p33 08}
Which redevelopment projects need planning, design review, or cultural heritage approval ? Redevelopment projects are generally exempt – right ?
Who manage the agency, who is the management of the agency [ names, titles] ? Who are the "we" on page three ? {p3 08}
City claims redevelopment pays for sewer and water improvements. But $ 6 Million of sewer and water rate payer's funds were spent in redevelopment areas. Please clarify.
City claims agency is separate from city and therefore city/tax payers are not liable for agency debt. But statements in financial report indicate otherwise. Please clarify, stating case and statue law. {pvii, 18, 23, 25 08}
What happens if agency can not meet bond payments ? If there is no tax increment, what happens ?
Please see: http://www.redevelopment.com/norby/index.html
4 2
Santa Rosa City got about $90K from the Federal Government to pay AT&T to agree to exclude cars from the bus transit mall. That money will have to be returned to the Federal Government. $94K is what the people gave to keep the pools open.
Another $3 Million in Federal funds may be lost to the city. Another $1.3 Million will be lost on this redevelopment project. This is not the total of what the city lost, spent and will spend on this redevelopment project.
This business friendly council may be good for business but it's bad for people.
4 3
Hey John
I am for pro business. I stated previously that SR was not business friendly. My wife and I had a couple of biz in SR 8 years ago that we were slaved to and yet ended up with nothing but a debt that I am still paying for. I am simply stating that it is stupid simply to let big business having the upper hand with the council. The small businesses are still screwed by them.
5 2
Hey Cyclist…It was a 6-0 vote!
9 3
The "pro business" side of the city council is showing. The transit mall is congested as it is with all the buses that going thru there during the day. Oh may be they need some fund to do the study!
3 17


text:
MEXICO CITY — Lawmakers approved a major overhaul of Mexico's public education system Wednesday, giving President Enrique Peña Nieto a crucial victory in his drive to fix some of the country's most dysfunctional institutions.
By a wide margin of 102 to 22, Mexican senators voted for a package of measures that will establish a standardized testing system for evaluating teacher performance and the hiring of new faculty, ending the corrupt practices that allowed union bosses to buy and sell classroom jobs and pad their pockets at students' expense.
The Senate vote followed approval of the measures by the lower house of Congress on Sunday by a margin of 390 to 69. Full story for BostonGlobe.com subscribers.
© Copyright 2013 Globe Newspaper Company.
Get the full story with unlimited access to BostonGlobe.com. Just 99¢ for 4 weeks.


text:
With regards to people losing their jobs due to facebook posts. by phatstockin AdviceAnimals
[–]ponymchoofyson -1 points0 points1 point ago
Where is a good place to find women's flannel shirts in traditional men's colours? by Sickstrangedarknessin femalefashionadvice
[–]ponymchoofyson 6 points7 points8 points ago
A Chinese kid carved his name on the wall of the 3000 year old Luxor Temple in Egypt by geiyuhuanshui2in WTF
[–]ponymchoofyson 0 points1 point2 points ago
TIL: Terry Fox, a 21 year old one-legged cancer patient, ran 3,339miles across Canada in 143 days before dying. He ran the equivalent of a full marathon every day and was the youngest person ever named a Companion of the Order of Canada. by opeyshionin todayilearned
[–]ponymchoofyson 0 points1 point2 points ago
I am currently a full time missionary who has become completely disillusioned to the teachings of the church. Ask me anything. by tincanfurballin casualiama
[–]ponymchoofyson 1 point2 points3 points ago
TIL Beyoncé requires $900 worth of titanium drinking straws to drink a special alkaline water to be served at exactly 21 degrees in every dressing room where she performs. by lulzcat773in todayilearned
[–]ponymchoofyson 8 points9 points10 points ago
One Dj i know i Croatia made this stunning remix.. My mind has been blown away, and i think yours will aswell by in Music
[–]ponymchoofyson 0 points1 point2 points ago
First airplane trip with baby. Advice? by Surely_Jacksonin Mommit
[–]ponymchoofyson 7 points8 points9 points ago
Yesterday, the last patch of snow FINALLY melted off my deck. Time to celebrate. by Wylde_Guitaristin Coffee
[–]ponymchoofyson 2 points3 points4 points ago
My 6 year old sees your request for "BSKEDY" and raises you a bowl of by ponymchoofysonin funny
[–]ponymchoofyson[S] 0 points1 point2 points ago
What is with Don's assistant being named Dawn? by ponymchoofysonin madmen
[–]ponymchoofyson[S] 13 points14 points15 points ago
What is with Don's assistant being named Dawn? (self.madmen)
submitted ago by ponymchoofyson to madmen
Traverse City, MI: Homeless man injured in arrest. His sister is Madonna. by diggroin entertainment
[–]ponymchoofyson -1 points0 points1 point ago
Canadian perspective on how long Queen Elizabeth II has been around for... by kenzlain canada
[–]ponymchoofyson 19 points20 points21 points ago
Mom I'm just going to play next door. (Saskatchewan) (imgur.com)
submitted ago by ponymchoofyson to canada
[FP] Keto "Mozzerella Sticks" - 1g Carb per Stick by shugz601in keto
[–]ponymchoofyson 1 point2 points3 points ago
I got to meet Carlos Santana, ridiculously nice man. by 1BigLimoGuyin lookwhoimet
[–]ponymchoofyson 1 point2 points3 points ago


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Originally published November 13, 2008 at 12:00 AM | Page modified November 13, 2008 at 8:59 AM
This city's famous tolerance for the unconventional just got a little less so. Here is a message from Seattle Parks and Recreation to all...
Seattle Times staff reporter
This city's famous tolerance for the unconventional just got a little less so.
Here is a message from Seattle Parks and Recreation to all you nature lovers: Cover up those rear ends or face a possible criminal-trespass prosecution.
The proposed rule will have a public hearing Jan. 8, and parks commissioners will make a recommendation to Parks Superintendent Tim Gallagher two weeks later.
That means you types who like to sneak a little skinny dipping at one of the city's beaches.
That means you naturists who like to get together in some secluded park location, and ... barbecue naked! Maybe even play volleyball.
That means you 50 to 75 naked bicyclists who, on July 12, took part in yet another of those World Naked Bike Rides (three have been held in Seattle this year) to "draw attention to oil dependency." That event particularly drew the attention of parks officials.
The bicyclists gathered at Gas Works Park and stripped, painted themselves and took off for downtown Seattle, eventually ending up at Seattle Center.
They obviously weren't trying to hide anything. They even got a permit to use Gas Works, openly saying it was for a naked bike ride.
A Nov. 13 parks memo said, "Seattle appears to be unique in receiving nudist request for use of park facilities."
The memo said many other cities had "some regulation of nudity in public places."
But not tolerant Seattle.
As a matter of fact, the memo said nudity is "per se not illegal" under state law, and that "Seattle has no law regulating public nudity."
This all came to the attention of Gallagher, who's been superintendent less than a year, and the agency now has the proposed nudity rules. Gallagher was not available for comment.
Dewey Potter, parks spokeswoman, said police had received six complaints July 12 that the naked riders were offensive.
Police took down 23 riders' names.
Daniel Johnson, 34, organizer of the July 12 event, said none has been charged.
The proposed rule would not affect renting enclosed public swimming pools for private nudist events.
The rule also shouldn't affect the naked bicycle ride at the Fremont Fair, as participants don't gather at a park.
Johnson said he didn't understand Seattle Parks' new-found prudishness.
On the naked bike rides, "I've never seen a child react negatively," he said. "They just laugh or point or ask what's going on."
As for Seattle Parks' concerns about adults being offended, "People just whistle and honk their horns."
Potter said she expected a big crowd for the Jan. 8 hearing. There certainly will be plenty to discuss.
In its proposed new rule, it takes 53 words just to describe what "nudity" means.
Erik Lacitis: 206-464-2237 or firstname.lastname@example.com
Copyright © 2008 The Seattle Times Company
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text:
If It's Nii-chan, Nothing Else Matters 0 out of 5 based on 0 ratings. 0 user reviews.
If It's Nii-chan, Nothing Else Matters
Not yet rated
Author: Motchie Kingdom
Artist: Motchie Kingdom
Category: Doujinshi, English, Bakemonogatari
Date Added: Oct 10, 2013
Reading Direction: Right to left
Status: Completed
Rank: 2358
Total views: 89
Subscribe: RSS


text:
MMORPG players are more likely to stay loyal to games which promote player control and interaction with other gamers, according to a University of Buffalo study »
Regretsy, the blog that highlights and mocks the most ridiculous listings on Etsy, has closed. Wired.co.uk interviews founder April Winchell about her next move »
The idea of stimulating brain performance seemed very plausible when I first heard about it, taking my PhD in cognitive science at Stanford. Your brain operates with electricity; why couldn't electric current or waves boost it a bit? »
Wired.co.uk reviews the Nokia Lumia 2520 -- a Windows RT tablet, and Nokia's first entry into this market »


text:
The new Detroit Employment Solutions Corporation website is currently under construction and will launch in Q3 2013.
Built with ease of use in mind, the site will provide a comprehensive destination for both Job Seekers and Employers.
Job Seekers will be able to find the very latest listings for new positions that are available, information about the wide range of training and education resources that can be accessed, partner programs and assistance for those looking to re-train or re-qualify.
Employers will be able to take advantage of the free services that are available, including consulting with regard to staffing challenges, development of listings, identification of skills gaps and customized training, all facilitated by a knowledgeable Business Services Representative who is focused on helping your business find the talent and skills it needs to thrive.
Check back frequently as we move into Spring or alternatively you can follow us on Twitter or like us on Facebook.


text:
Astronauts in Sunglasses
It's always surprising to me how many people don't know that the American Optical sunglasses worn by the Gemini, Mercury and Apollo astronauts are still being made and can be bought for a rather reasonable $39 USD. They're built to the same standards as the originals by the same company (American Optical) and they suit...
Saturn V Cutaway
This fascinating Saturn V cutaway drawing is by far the most detailed I've ever come across. It's an original, official Boeing engineering breakdown by Don Sprague and includes everything you ever wanted to know about the Saturn V's internal workings – right down to millimetre accurate measurements for all major components. Click the image below...
Apollo 17 Wallpaper
This is one of those extraordinary Apollo mission images that I'd never come across till just last week. After a little research I found the official NASA metadata for the image.
Buzz Aldrin
This excellent photograph of Buzz Aldrin was taken by Neil Armstrong in 1969, aboard the Apollo 11 Lunar Module just before they landed on the surface of the moon.
American Optical Sunglasses
The American Optical Flight Goggle #58, or AO sunglasses as they're more commonly known, were the first sunglasses to land on the moon.
Saturn V Flight Manual
This is the Saturn V Flight Manual used by astronaut and Lunar Module pilot Edgar Mitchell during the Apollo 14 program, Mitchell was just the 6th man to walk on the moon and spent 9 hours in the Fra Mauro Highlands region on February the 6th 1971.
The Secret History of Project Orion
This BBC documentary, titled "To Mars By A-Bomb - The Secret History of Project Orion", is one of the most fascinating 60 minute films I've seen so far this year.
Von Braun's First Lunar Lander
Wernher Von Braun's first lunar lander design had room for 25 astronauts, the extraordinary behemoth weighed in at 8,739,000 lbs, was 160 ft tall, 108 ft in diameter and could (theoretically) produce 390,043 ft-lbs of power.
Apollo 15 Corvettes
This shot captures the crew of Apollo 15 before their mission to the Moon, in the foreground you can see the General Motors powered Moon Buggy they used for testing and pre-mission practice.


text:
Your search "gum wall at pike market seattle wa revolog rasp" resulted in 1 Article
Gum Wall at Pike Market , the Germiest Location in Seattle!
Tired of doing the same boring, generic type of tourist locations? Well then, it's time for you to take a trip to Seattle then into the Pike Market so you can stick gum on a wall!


text:
Access "E-mail archiving moves downmarket"
This article is part of the Vol. 4 No. 12 February 2006 issue of Storage Products of the Year 2005
CONSIDERING AN E-MAIL archiving product? You're not alone. Companies that want to archive e-mail are no longer limited to Fortune 500 financial services companies--there's a lot of interest coming from decidedly smaller businesses. "We don't have any significant compliance obligations; we just wanted to be able to save all our e-mails in case any issues came up with customers or litigation," says Tom Quanbeck, president of the 72-person Bailiwick Data Systems Inc. in Chaska, MN, which performs multisite IT projects for the retail, financial services and hospitality industries. "We had a legal situation where if we had had a certain e-mail, it would have greatly helped our position," he adds. Bailiwick's IT staff looked at several standalone e-mail archiving software packages, but ultimately decided on Imation's ComplianceVault, an e-mail archiving appliance that includes software from Intradyn, NAS and the customer's choice of an Exabyte VXA or LTO-3 tape auto-loader. "[We] liked that it was a standalone device and that it didn't require a SQL database," ... Access >>>
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What's Inside
- E-mail archiving moves downmarket
Speed wars: Fibre Channel vs. Ethernet
Just as 4Gb/sec Fibre Channel is poised to make its move into the data center, Ethernet is roaring back with its 10Gb/sec technology. But the lure of pure speed might not be enough for Ethernet to overtake Fibre Channel--at least for now.
Shopping for storage: One vendor or more?
Buying storage today is more difficult than ever. You need to get the best acquisition price, the lowest long-term TCO and avoid vendor lock-in. On top of it all, you must decide which is best: one vendor or more?
- EMC launches SMB line
Best storage products of 2005
Our fourth annual Products of the Year awards spotlight the 15 new or enhanced storage products that stood out from the rest in 2005. The editors of Storage and SearchStorage.com, along with a panel of users and industry experts, selected these winning products based on their innovation and performance, among other criteria.
- 10Gb Ethernet means more host support
- Survey says: Users opt for appliance-based virtualization
Not just a big switch
Fibre Channel directors don't just provide lots of ports, they also offer ways to connect disparate SANs, isolate data and devices within a fabric, and configure throughput for specific applications. We look at how the big three directors match up.
- New benchmark measures array throughput
Marriott's lost tapes are just the latest in a string of high-profile storage snafus
Storage bin: Marriott's lost tapes are just the latest in a string of high-profile storage snafus. But with plenty of viable security solutions available, there's simply no excuse for these very public blunders.
A toaster oven in the data center
by Stephen Foskett
The midrange array market may still be hot, but storage managers are wary of getting burned. While midrange vendors keep piling on the features, storage pros are becoming disenchanted with midrange systems despite their more modest price tags.
Startups and standards
Startups and standards
How safe is your archived data?
by Jon Oltsik
With government regulations like HIPAA and SEC 17a-4, archiving has become a global requirement. But how safe is all that archived data?
Marriott's lost tapes are just the latest in a string of high-profile storage snafus
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For the eleventh year, Storage magazine and SearchStorage editors offer their list of storage technologies likely to have an impact on data...
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Scale-out network-attached storage (NAS) is the primary technology to handle big data needs in the media and entertainment (M&E) space. Using ...
Storage pros reap rewards in 2013 salary survey
Our Storage magazine/SearchStorage.com 2013 Salary Survey offers encouraging news: pay for storage pros rose again to an average of $98,082. ...


text:
Welcome to The Pheasantry Brewery
Our modern micro brewery with a restaurant café and bar was opened on our farm in June 2012.
We welcome visitors to tour the brewery, have a meal, drink or snack, try the beer and enjoy the beautiful countryside.
We are conveniently located just minutes from the A1 on the Nottinghamshire Lincolnshire borders.
FREE pint of beer and a hot drink
Free pint of beer with all evening meals (Thu, Fri and Sat evenings). Purchase a main course with a free pint voucher. Only one pint per person is claimable per evening.
Spend over £5 on a breakfast meal and claim a free hot drink using a hot drink voucher. Only one hot drink per person is claimable per morning.
* not in conjunction with any other offer *
Print the promotional vouchers
Beer Humbug - it's Christmas!!
Introducing our festive contribution to the season - a 4.5% dark, spicy beer with a fruity edge - enjoy!
Latest News
Lincoln Tank Ale
A group dedicated to creating a memorial of Lincoln's tank history has also launched a special ale.
The Lincoln Tank Memorial Group created Lincoln Tank Ale with the help of Pheasantry...
Read moreChristmas Menus
Available Tuesday 3 Dec - book now. View the menus.
Christmas Opening Times
Extra days open Monday 23 Dec and Monday 30 Dec, closed Xmas Day, open Boxing Day, closed New Years day onwards for redecoration reopens Tuesday 14th Jan.
Special Thursdays
Thu 21 NovButcher's block steak evening
Buy our beer online
You can now buy our beer online (12 bottle cases) at the Best of British Beer website.
Christmas Party bookings now being taken
Book early to avoid disappointment. View our Christmas Menus.
FREE pint of beer and a hot drink
Free pint of beer with all evening meals (Thu, Fri and Sat evenings). Purchase a main course with a free pint voucher. Only one pint per person is claimable per…
Bonfire Evening Party - Friday 1 Nov
Outside bar; hot food; live music - Vinegar Strokes Tickets/entry £5 limited availability - please book early to avoid disappointment
Our Beer Festival - a thank you
A BIG thank you to everyone who made our recent Beer Festival such a huge success - all of you who came and all our sponsors. Fun was had by…
New Opening Times and new tarmaced road!
Now open on Tuesdays - and don't forget our evening meals on Thursdays, Fridays and Saturdays. Tue & WedFull menu 11.30am - 3pmShop and bar 11.30am - 6pm Thu & Fri Full…
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