Legal Opinion
Coleman v. Portage County Engineer
Ohio Supreme Court
Decided August 29, 2012No. 2011-0199PublishedCited by 23 opinions
1Opinion of the CourtO’Connor, C.J.
{¶ 1} In this appeal, we address whether “upgrading” a storm-sewer system is a governmental or proprietary function of a political subdivision within the meaning of R.C. 2744.01 and whether failure to “upgrade” subjects that political subdivision to liability under R.C. 2744.02(B)(2). For the reasons that follow, we hold that because upgrading involves construction and design, such upgrading is a governmental, not a proprietary, function. Therefore, we reverse the judgment of the court of appeals that holds otherwise.
Background
{¶ 2} Appellees, Barbara Coleman and Robert Coleman, own real…
2Cases cited19 opinions
- Warth v. SeldinSupreme Court of the United States · 1975
- Mitchell v. Lawson Milk Co.Ohio Supreme Court · 1988
- State ex rel. Cassels v. Dayton City School District Board of EducationOhio Supreme Court · 1994
- Hubbell v. City of XeniaOhio Supreme Court · 2007
- Greene County Agricultural Society v. LimingOhio Supreme Court · 2000
14 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State of Iowa v. Isaac Andrew Baldon IIISupreme Court of Iowa · 2013
- State v. JamisonOhio Court of Appeals · 2016
- Johnson v. Sloan (Slip Opinion)Ohio Supreme Court · 2018
- Vogel v. Northeast Ohio Media Group, L.L.C.Ohio Court of Appeals · 2020
- Calet v. E. Ohio Gas Co.Ohio Court of Appeals · 2017
18 more not listed; retrieve them via the Exa API.