Legal Opinion · Dissent

Royce v. Smith

Ohio Supreme Court

Decided December 9, 1981No. Nos. 81-36 and 81-56Published

1DissentHolmes, J.

I must dissent from the majority, not that I disagree that relief should be provided in these types of damage claims, but must do so in that the General Assembly of this state has not seen fit to so provide a remedy.

It has been restated many times in brief and opinion that governmental subdivisions in this state are not subject to suit except where the General Assembly has specifically waived the governmental immunity of that subdivision. Raudabaugh v. State (1917), 96 Ohio St. 513. In the passage of R. C. Chapter 2743, the Court of Claims Act, the General Assembly specifically exempted…

2Cases cited5 opinions

  1. Fankhauser v. City of MansfieldOhio Supreme Court · 1969
  2. Haas v. HayslipOhio Supreme Court · 1977
  3. Ditmyer v. Board of County Commissioners of Lucas CountyOhio Supreme Court · 1980
  4. Western Pennsylvania Natl. Bank v. RossCourt of Appeals for the Sixth Circuit · 1965
  5. Dunn v. BrammerOhio Court of Appeals · 1956

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