Opinion

Union Stock Yards Co. v. City of Hillsboro

191 Ohio App. 3d 564
947 N.E.2d 183
2010 Ohio 5975

Court: Ohio Court of Appeals
Filed: Dec 2, 2010
Status: Published
Author: Kline
On the bench: McFarland, Harsha, Kline
Cited by: 8 cases

The opinion

Kline, Judge,

concurring.

{¶ 24} I concur in judgment and opinion with one exception. That is, I believe that purchasing real estate for the construction of a fire station is a governmental function. Under R.C. 2744.01(C)(2)(a), “[a] ‘governmental function’ includes * * * [t]he provision or nonprovision of police, fire, emergency medical, ambulance, and rescue services or protection.” (Emphasis added.) And in my view, *575 the disputed transaction falls under the city of Hillsboro’s provision or nonprovision of fire services. Therefore, I would apply the syllabus in Hortman to the Union Stock Yards’ estoppel claim.

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