Legal Opinion

McNamara v. City of Rittman

Ohio Supreme Court

Decided December 21, 2005No. 2004-0357 and 2004-0363PublishedCited by 15 opinions

1Opinion of the CourtPfeifer, J.

Factual and Procedural Background

{¶ 1} The Sixth Circuit Court of Appeals has certified a single question to this court arising from two cases. The question is a general one, so we need not delve deeply into the facts of the cases at issue.

{¶ 2} Both cases involve the effect of construction by governmental entities on the water supplies of individual homeowners. In McNamara, the petitioners are homeowners who reside in Sterling, Ohio. In 1973, respondent, the city of Rittman, purchased a tract of land near Sterling for the purpose of drilling three wells on the land to serve Rittman’s water…

2Cases cited15 opinions

  1. Dugan v. RankSupreme Court of the United States · 1963
  2. PruneYard Shopping Center v. RobinsSupreme Court of the United States · 1980
  3. United States v. General Motors Corp.Supreme Court of the United States · 1945
  4. Portsmouth Harbor Land & Hotel Co. v. United StatesSupreme Court of the United States · 1922
  5. Peabody v. United StatesSupreme Court of the United States · 1913

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3Cited by15 opinions

  1. Portage County Board of Commissioners v. City of AkronOhio Supreme Court · 2006
  2. Hensley v. City of ColumbusCourt of Appeals for the Sixth Circuit · 2009
  3. State Ex Rel. Gilbert v. City of CincinnatiOhio Supreme Court · 2010
  4. Little Hocking Water Ass'n v. E.I. Du Pont De Nemours & Co.District Court, S.D. Ohio · 2015
  5. Harry McNamara v. The City of RittmanCourt of Appeals for the Sixth Circuit · 2007

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