Ward v. City of Napoleon, 7-07-14 (9-15-2008)

OPINION

{¶ 1} The defendant-appellant, the City of Napoleon, appeals the judgment of the Henry County Common Pleas Court denying its motion for summary judgment. On appeal, the City contends summary judgment in its favor is appropriate because it is entitled to sovereign immunity. For the reasons set forth herein, we reverse the judgment of the trial court.

{¶ 2} In 1993, the plaintiffs-appellees, David Ward and Valerie Ward, purchased residential property along the southern side of Huddle Road in Napoleon Township, Ohio. One to two years earlier, the City had designed and constructed a new…