Opinion

Coleman v. Degray, Unpublished Decision (12-7-2000)

Court
Ohio Court of Appeals
Filed
Dec 7, 2000
Status
Unpublished
On the bench
ANN DYKE, A.J.:
Cited by
0 cases
Authority
More cited than 43.7%

The opinion

I respectfully dissent. I agree with the trial court`s finding that this low income loan program is proprietary and actionable. R.C. 2744.02 (B)(2) specifically confers liability on a city when its action is classified as proprietary. Here, the low income loan program is designed for a limited number of city residents and is customarily engaged in by non-governmental persons. See R.C. 2744.01 (G)(1). This program is one that is performed by the city under no obligation to perform it. Blankenship v. Enright (1990), 67 Ohio App.3d 303 , 586 N.E.2d 1176 .

The program is for a limited few of the city's residents and not for the benefit of citizens of the entire city. Id. Accordingly, when a city reaches beyond its governmental status, the city should not be allowed to hide behind the immunity shield when it has acted negligently.

Additionally, I point out that to classify this case as an inspection case narrows the facts. The city acted way beyond the role it played in Hughes v. City of Cleveland (May 9, 1996), Cuyahoga App. No. 68869, unreported.

Finally, I agree with the majority that not all proprietary functions are actionable; however, this one is.

I dissent.

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.