BROWN v. CITY OF DAYTON

No. 99-164.

89 Ohio St.3d 245 (2000)

BROWN ET AL., APPELLEES, v. CITY OF DAYTON ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 12, 2000.


Attorney(s) appearing for the Case

Charles A. Smiley, Jr., for appellees.

Freund, Freeze & Arnold, Neil F. Freund and Shawn M. Blatt, for appellant city of Dayton.

Vorys, Sater, Seymour & Pease, John Winship Read, Marcel C. Duhamel and Gail C. Ford, for appellant Waste Management of Ohio, Inc.

Barry M. Byron, Stephen L. Byron and John Gotherman, urging reversal for amicus curiae, Ohio Municipal League.


PFEIFER, J.

We find that that the doctrine of res judicata applies to this case, and accordingly reverse the court of appeals.

At the outset, we must determine whether there is an identity of parties in the two actions. Res judicata operates as "`a complete bar to any subsequent action on the same claim or cause of action between the parties or those in privity with them." (Emphasis added.) Johnson's Island, Inc. v. Danbury...

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