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Statutory Immunity Will Not Protect a Political Subdivisions from Breach of Contract Actions

In the case of Berdysz v. Boyas Excavating, Inc., 2019-Ohio-1639, an Ohio appellate court recognized that a breach of contract claim is an exception to a city’s immunity from liability under R.C. Chapter 2744.

In this case, city residents brought a nuisance and breach of contract action against a city after the development of property on the site of two former landfills resulted in the alleged release noxious odors. The city sought to have the case dismissed, in its entirety, on R.C. Chapter 2744 statutory immunity grounds.

Generally speaking, political subdivisions such as cities are immune from most civil claims – including nuisance claims. “Civil actions that seek to recover damages from a political subdivision or any of its employees for contractual liability” are an exception to this immunity. R.C. 2744.09(A).

To read this case, click here.

Authors: Matthew John Markling, Patrick Vrobel, and John T. Sulik, Jr.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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