City of Berea Ex Rel. Ward v. Trupo

Michael J. Corrigan, Judge.

Relators-appellants, Jodee Ward, David McCamey, and Ernest Scherzer, appeal from the trial court’s grant of the motion to dismiss filed by defendantsappellees, Mayor Stanley J. Trupo and the city of Berea. The motion was granted on the grounds that the action was not timely commenced within the one-year statute of limitations provided in R.C. 733.60. Finding that the trial court misconstrued the applicable statute of limitations, we reverse this matter for a hearing on the merits.

The appellants, who are purportedly residents and taxpayers of the city of Berea,…