Sexton v. City of Mason

{¶ 1} This appeal requires us to address issues regarding the statute of limitations that is applicable to claims for damage to real property occasioned by rainwater draining from adjacent land.

{¶ 2} Plaintiffs-appellants, Larry and Peggy Sexton, assert that flooding and erosion on their property was caused by the defendants’ negligent acts on the adjoining property. The trial court and the court of appeals determined that the statute of limitations for appellants’ claims expired prior to the filing of their suit because their claims were not based on a continuing trespass but on a permanent…