Opinion

Bright Local School District Board of Education v. City of Hillsboro School District Board of Education

  • 122 Ohio App. 3d 546
  • 702 N.E.2d 449
  • 1997 Ohio App. LEXIS 4172
Court
Ohio Court of Appeals
Filed
Aug 28, 1997
Status
Published
Author
Harsha
On the bench
Harsha, Stephenson, Kline
Cited by
5 cases

The opinion

Harsha, Judge,

concurring.

I concur in judgment and opinion, but remain consistent in my belief that the appropriateness of legal defenses such as laches or estoppel depends more upon the facts of a specific case than upon the mere presence of á governmental agency as a party. I do not believe that the Supreme Court has said that these doctrines are never available as a matter of law as a legal defense against government entities; rather, the court’s reluctance to impose estoppel and/or laches relates more to the specific facts of the case. In other words, while these defenses are available,

i.e.,

they state a legal defense, they have been held to be inapplicable under specific fact patterns. See

Adams Cty. Child Support Enforcement Agency v. Osborne

(May 3, 1996), Adams App. No. 95CA592, unreported, 1996

*558

WL 230038, and

Athens Cty. Property Owners Assn. v. Athens

(Aug. 26, 1992), Athens App. No. 1482, unreported, 1992 WL 209497 (Harsha, J., concurring in part and dissenting in part). Thus, I express my reluctance to join in the statement, “It is generally true that laches and estoppel will not apply against state government.”

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.