# City of St. Marys v. Auglaize County Board of Commissioners

> Ohio Supreme Court · October 3, 2007 · 115 Ohio St. 3d 387

URL: https://www.frixlaw.com/law-library/cases/6791157

## Case

- **Full name:** The City of St. Marys v. Auglaize County Board of Commissioners
- **Court:** Ohio Supreme Court
- **Decided:** October 3, 2007
- **Citations:** 115 Ohio St. 3d 387; 875 N.E.2d 561
- **Precedential status:** Published
- **Opinion:** Dissent by Donnell
- **Judges:** Accepted, Appeal, Connor, Cupp, Dismiss, Donnell, Lanzinger, Moyer, Pfeifer, Stratton
- **Cited by:** 123 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/6791157

## How later opinions describe it (automated extraction)

- finding modification by course of conduct where party accepted imperfect performance without objection

## Opinion text

O’Donnell, J.,
dissenting.
{¶ 71} The matter before our court involves a breach-of-contract action between Auglaize County and the city of St. Marys in a dispute regarding an agreement for the disposal of solid waste. Although interesting, the case involves neither a novel legal issue nor a substantial constitutional question or an issue of public or great general interest. The issue in this case is whether the landfill agreement requires the county to pay for any postclosure costs despite the termination of the agreement.
{¶ 72} In response to a motion for reconsideration, this court also accepted a fourth proposition of law concerning the county’s obligation to pay the municipality pursuant to the contract when the auditor never certified funds according to R.C. 5705.41(D), an issue never passed upon or mentioned by the court of appeals.
{¶ 73} In my view, this case should be dismissed as having been improvidently accepted, as it fails to present a substantial constitutional issue or an issue of public or great general interest. This court ought not rule on matters not ruled on by appellate courts.
Lanzinger, J., concurs in the foregoing opinion.
Byron & Byron Co., L.P.A., and Stephen L. Byron, urging affirmance for amicus curiae, Ohio Municipal League.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6791157. Public record. Not legal advice.