BD. OF COMMRS. v. KNOX CTY.

No. 2005-0044.

109 Ohio St.3d 353 (2006)

2006-Ohio-2576

KNOX COUNTY BOARD OF COMMISSIONERS, APPELLEES, v. KNOX COUNTY ENGINEER, APPELLANT.

Supreme Court of Ohio.

Decided June 7, 2006.


Attorney(s) appearing for the Case

Peck, Shaffer & Williams, L.L.P., Thomas A. Luebbers, and Erin A. Sutton, for appellees.

Bricker & Eckler, L.L.P., Luther L. Liggett, and Maria J. Armstrong, for appellant.

Chester, Willcox & Saxbe, L.L.P., John W. Bentine, and Gerhardt A. Gosnell II, urging affirmance for amici curiae, County Commissioners' Association of Ohio and County Risk Sharing Authority.

Schottenstein, Zox & Dunn and Roger L. Sabo, urging reversal for amicus curiae, Ohio Contractors Association.

Frederick A. Vierow, urging reversal for amicus curiae, County Engineers Association of Ohio.


O'DONNELL, J.

{¶ 1} The issue presented for our consideration in this appeal concerns whether the Knox County Engineer's share of the cost of the county's liability insurance can be paid from moneys restricted by the Ohio Constitution to highway purposes.

{¶ 2} In this matter, James Henry, the Knox County Engineer, appeals from a decision of the Fifth District Court of Appeals, which held that payment of the...

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