# Union Stock Yards Co. v. City of Hillsboro

> Ohio Court of Appeals · December 2, 2010 · 191 Ohio App. 3d 564

URL: https://www.frixlaw.com/law-library/cases/9802286

## Case

- **Full name:** UNION STOCK YARDS Company, Appellee, v. CITY OF HILLSBORO, Appellant
- **Court:** Ohio Court of Appeals
- **Decided:** December 2, 2010
- **Citations:** 191 Ohio App. 3d 564; 947 N.E.2d 183; 2010 Ohio 5975
- **Precedential status:** Published
- **Opinion:** Concurrence by Kline
- **Judges:** McFarland, Harsha, Kline
- **Cited by:** 8 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/9802286

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9802286. Public record. Not legal advice.