ST. PAUL FIRE & MARINE INS. CO. v. STATE, DEPT. OF NATURAL RESOURCES

No. 53073.

25 Ohio Misc. 26 (1970)

ST. PAUL FIRE & MARINE INS. CO. v. STATE, DEPARTMENT OF NATURAL RESOURCES, DIVISION OF FORESTRY & RECLAMATION, ET AL.

Common Pleas Court of Lake County.

Decided November 12, 1970.


Attorney(s) appearing for the Case

Mr. John M. Baker and Messrs. Weston, Hurd, Fallon, Sullivan & Paisley, for plaintiff.

Mr. Paul W. Brown, attorney general, and Mr. Gilbert L. Krone, for defendant State of Ohio.

Mr. Paul H. Mitrovich, for defendant Lake County Metropolitan Park District.


SIMMONS, J.

Defendant State of Ohio, Department of Natural Resources, and defendant Lake County Metropolitan Park District have moved the court to quash service of summons upon them for two reasons: (1) That defendants are not necessary parties to this declaratory judgment action and (2) that defendants partake of governmental immunity from suit and may not be sued without their consent, which has not been given.

After considering the motions, supporting and...

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