TREESE v. DELAWARE

No. 93API10-1433.

95 Ohio App.3d 536 (1994)

TREESE et al., Appellees, v. CITY OF DELAWARE, Appellant; Ohio Department of Transportation, Appellee.

Court of Appeals of Ohio, Franklin County.

Decided June 21, 1994.


Attorney(s) appearing for the Case

McCarthy, Palmer, Volkema & Becker and William C. Becker, for appellees.

Earl, Warburton & Adams and Dick M. Warburton, Jr., for appellant Delaware.

Lee Fisher, Attorney General, and Jeffrey R. Goldsmith, Assistant Attorney General, for appellee Ohio Department of Transportation.


WHITESIDE, Presiding Judge.

Defendant/third-party plaintiff-appellant, city of Delaware, appeals from a judgment of the Ohio Court of Claims and raises the following three assignments of error:

"1. The Court of Claims erred in finding that since the guardrail in question was built before the passage of the Court of Claims Act, the court had no jurisdiction."

"2. The Court of Claims erred in finding that...

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