In the case of Austin v. Warrensville Hts., 2021-Ohio-1950, the Eighth District Court of Appeals held that a city was immune from claims of negligence and supplying false information regarding a special tax assessment for public improvement.
In this case, the individuals filed suit against the city for failing to disclose an outstanding special tax assessment. These individuals argued that such a failure amounts to negligent misrepresentation.
To the contrary, the city argued that the individuals failed to establish an exception to overcome immunity and that they cannot establish the necessary facts of negligent misrepresentation. The Court agreed.
The Court of Appeals reasoned that even if the city had not been entitled to immunity, the individuals still had failed to establish the elements to bring a negligent misrepresentation claim. As such, the Court of Appeals affirmed the trial court’s ruling.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
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.