# State, Department of Transportation v. Sullivan

> Ohio Supreme Court · August 10, 1988 · 38 Ohio St. 3d 137

URL: https://www.frixlaw.com/law-library/cases/6760575

## Case

- **Full name:** The State of Ohio, Department of Transportation v. Sullivan
- **Court:** Ohio Supreme Court
- **Decided:** August 10, 1988
- **Citations:** 38 Ohio St. 3d 137; 527 N.E.2d 798; 1988 Ohio LEXIS 260
- **Precedential status:** Published
- **Opinion:** Concurrence by Wright
- **Judges:** Brown, Douglas, Holmes, Locher, Moyer, Sweeney, Syllabus, Wright
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6760575

## How later opinions describe it (automated extraction)

- holding "that the state of Ohio, absent express statutory provision to the contrary, is exempt from the operation of a generally worded statute of limitations"
- holding that the state is exempt from operation of a generally worded statute of limitation

## Opinion text

Wright, J.,
concurring. I concur in the syllabus law and the result announced by my colleague, Justice Holmes. The opinion correctly states the ruling case law and properly defers to the General Assembly with respect to a change in the rule of nullum tern-pus occurrit regi. However, I must express my personal reservations concerning the public policy considerations underlying this particular rule of law.
I view this doctrine as an anachronism that has long since outlived its usefulness and propriety. The plain truth of the matter is that we are living in an age of instant communication and highly organized, compartmentalized government. I regard rewarding sloth by a public agency or its employees as anathema. Likewise, I am not enamored with the notion that the state may sue at its leisure while some taxpayer’s records draw dust and his or her witnesses’ memories fade. I would hope the General Assembly would give this issue the sympathetic attention it richly deserves.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6760575. Public record. Not legal advice.