Mega Outdoor, L.L.C. v. City of Dayton

Wolff, Presiding Judge.

{¶ 1} Mega Outdoor, L.L.C. (“Mega”) and the owners of 504 East First Street, William Smith and Dale Magistrelli, appeal from a judgment of the Montgomery Court of Common Pleas, which granted summary judgment to the city of Dayton on the grounds that their claims were precluded by res judicata and sovereign immunity.

{¶ 2} The record, construed in favor of Mega, Smith, and Magistrelli, establishes the following underlying facts.

{¶ 3} Mega entered into a lease agreement with Smith, and Magistrelli, which granted Mega permission to erect a free-standing poster sign…