In the case of Granite City Ctr. v. Champion Twp. Bd. Of Trustees, 2021-Ohio-1458, an Ohio Appeals Court held that the sovereign immunity for a political subdivision or city from liability is not applicable when liability stems from a potentially valid breach of contract claim.
In this case, the company entered a contract with the township for the demolition of a building deemed a safety hazard and the contract allowed the company to pay for and choose the demolition, but the township improperly demolished the building and the company sued for wrongful demolition.
The township argued for dismissal based on sovereign immunity, however the Court held that the township was not entitled to immunity where liability exists through a breach of contract and that the company stated enough evidence to demonstrate the township may have breached the contract.
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.