In the case of State ex rel. Ohio Atty. Gen. v. Peterson, 2021-Ohio-4124, the Eighth District Court of Appeals held that the trial court erred in granting summary judgment in favor of a community school treasurer when the state timely filed its claim.
Here, the state alleged that the treasurer was using public school funds for personal benefit. The treasurer filed a motion for summary judgment, arguing that the state’s claim was untimely and that the statute of limitations had expired. The trial court granted the motion for summary judgment.
The Court of Appeals reasoned that the trial court erred since the statute of limitations period under R.C. 2305.11(A) does not apply against the state. The Court of Appeals further reasoned that R.C. 9.39 imposes strict liability for public officials to compensate for lost funds, and as such, the state had a duty to compensate for any of the public school funds lost here.
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.