In the case of Riveredge Denistry Partnership v. Cleveland, 2021-Ohio-3817, the Eighth District Court of Appeals held that the trial court did not err in granting a sewer district’s motion to dismiss on the basis of governmental immunity.
Here, the business owner argued that the city was negligent when installing a storm-water retention basin near the business owner’s property line, which caused property damage. The sewer district filed a motion to dismiss, arguing that it was immune from liability. The sewer district further argued that it only provided funding for the installation through a grant program. The trial court agreed.
The Court reasoned that the sewer district was not performing a proprietary function when its only involvement was providing funding for the construction. As such, the court found that the trial court properly granted the sewer district’s motion to dismiss because the sewer district was immune from liability.
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.