Blonquist v. Summit County

(concurring as to the remand for trial, but dissenting in part as to the basis thereof).

I concur in the remand of this case for a trial. But it is my opinion that it should be for a plenary trial on all issues, including whether the defendant public officials failed to act in good faith; and that unless that proposition is proved, no liability should be imposed upon them.

The proposition I thus advocate is in conformity with the theory of the case as it has thus far proceeded, according to the contentions made by the plaintiffs themselves in the trial court, and in this court on appeal. Our…