Legal Opinion

Moore v. Lorain Metropolitan Housing Authority

Ohio Supreme Court

Decided March 25, 2009No. 2007-2106 and 2008-0030PublishedCited by 42 opinions

1Opinion of the CourtLanzinger, J.

{¶ 1} The Ninth District Court of Appeals certified that a conflict exists between its judgment in this case and the judgments of other appellate districts1 on whether operation of a public housing authority is a proprietary or a governmental function within the meaning of Ohio’s sovereign-immunity statutes. We determined that a conflict exists and also accepted the discretionary appeal on the issues of whether R.C. 2744.02(B)(4) and (B)(5) apply as exceptions to the public housing authority’s immunity. We hold that the operation of a public housing authority is a governmental function under…

2Cases cited5 opinions

  1. Greene County Agricultural Society v. LimingOhio Supreme Court · 2000
  2. Haverlack v. Portage Homes, Inc.Ohio Supreme Court · 1982
  3. Cramer v. Auglaize AcresOhio Supreme Court · 2007
  4. McCloud v. NimmerOhio Court of Appeals · 1991
  5. Country Club Hills Homeowners Ass'n v. Jefferson Metropolitan Housing AuthorityOhio Court of Appeals · 1981

3Cited by42 opinions

  1. State Farm Mutual Automobile Insurance v. GraceOhio Supreme Court · 2009
  2. Doe v. Greenville City SchoolsOhio Supreme Court · 2022
  3. Sampson v. Cuyahoga Metropolitan Housing AuthorityOhio Court of Appeals · 2010
  4. DeMartino v. Poland Local School Dist.Ohio Court of Appeals · 2011
  5. DSS Servs., L.L.C. v. Eitel's Towing, L.L.C.Ohio Court of Appeals · 2019

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