McNAMARA v. RITTMAN

Nos. 2004-0357 and 2004-0363.

107 Ohio St.3d 243 (2005)

2005-Ohio-6433

McNAMARA ET AL. v. CITY OF RITTMAN. HENSLEY ET AL. v. CITY OF COLUMBUS ET AL.

Supreme Court of Ohio.

Decided December 21, 2005.


Attorney(s) appearing for the Case

Steve J. Edwards, for petitioners.

Baker, Dublikar, Beck, Wiley & Mathews, Jack R. Baker, and Mel L. Lute Jr., for respondent city of Rittman.

Richard C. Pfeifer Jr., Columbus City Attorney, Daniel W. Drake, Chief Counsel, and Patricia A. Delaney, Assistant City Attorney, for respondent city of Columbus.

Reminger & Reminger and Kevin Foley, for respondent Kokosing Construction Co., Inc. in case No. 2004-0363.

Harris, Turano & Mazzo and Kenneth E. Harris, for respondent Tata Excavating in case No. 2004-0363.

Freund, Freeze & Arnold and Carl A. Anthony, for respondent Contract Dewatering Services, Inc. in case No. 2004-0363.

Brooks & Logan Co., L.P.A., and J. Anthony Logan, in support of petitioners, for amicus curiae Farmer's Educational & Cooperative Union of America, Ohio Division.

Barry M. Byron, Stephen L. Byron, and John Gotherman, in support of respondents, for amicus curiae Ohio Municipal League.


PFEIFER, J.

Factual and Procedural Background

{¶ 1} The Sixth Circuit Court of Appeals has certified a single question to this court arising from two cases. The question is a general one, so we need not delve deeply into the facts of the cases at issue.

{¶ 2} Both cases involve the effect of construction by governmental entities on the water supplies of individual homeowners. In McNamara, the...

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