Opinion

Zents v. Board of Commissioners

  • 9 Ohio St. 3d 204
  • 459 N.E.2d 881
Court
Ohio Supreme Court
Filed
Feb 22, 1984
Status
Published
Author
Locher
On the bench
Brown, Celebrezze, Holmes, Locher, Sweeney
Cited by
41 cases
Authority
More cited than 15.1%

tort action against the county for injuries occurring during the renovation of a building owned by county and subleased by plaintiffs; supreme court held the defense of sovereign immunity was available to counties only under the same limited circumstances as it was available to municipalities

How later courts described this case

  • tort action against the county for injuries occurring during the renovation of a building owned by county and subleased by plaintiffs; supreme court held the defense of sovereign immunity was available to counties only under the same limited circumstances as it was available to municipalities
  • “Simply put, counties are, by this decision, subject to the same rules as private persons or corporations if a duty has been violated and a tort has been committed.”
  • “In Ohio, a county is not regarded as a body corporate like a municipality but rather a political subdivision of the state.”

Written by the judges who cited it.

The opinion

Locher, J.,

dissenting. I agree with the dissent of Justice Holmes as it applies to the relationship between county governments and the state, and the reasoning therein. I also dissent for the reasons set forth in my opinions *208 in Haverlack v. Portage Homes, Inc. (1982), 2 Ohio St. 3d 26, 31 , and Strohofer v. Cincinnati (1983), 6 Ohio St. 3d 118, 124 .

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.

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