Hubbell v. City of Xenia

{¶ 28} The majority today reverses a well-reasoned and influential opinion from the Second District Court of Appeals. Other appellate districts have embraced the Second District’s reasoning in this case, rejecting their own former interpretation of R.C. 2744.02(C) as allowing an interlocutory appeal when a trial court has denied a political subdivision’s motion for summary judgment based *83upon the existence of a genuine issue of material fact. The lower court’s opinion in this case deserves that respect — it is true to R.C. 2744.02(C), fair to all parties, and presents the best way to achieve…