City of St. Marys v. Auglaize County Board of Commissioners

I. Introduction

{¶ 1} This case involves a dispute arising out of an agreement between a county and city for managing the disposal of solid waste. We accepted the county’s three propositions that pertain to the interpretation of the agreement. We also accepted the issue whether a county’s fiscal officer had to comply with R.C. 5705.41(D)(1), which requires the county to certify the availability of public funds before the county could agree to pay for the environmental monitoring of the city’s landfill pursuant to the agreement.

{¶ 2} For the reasons explained below, we find in favor of the city…