CAC BLDG. PROPERTIES v. CLEVELAND

No. 91991.

2009 Ohio 1786

CAC Building Properties, L.L.C., Plaintiff-Appellee, v. The City of Cleveland, et al., Defendants-Appellants.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: April 16, 2009.


Attorney(s) appearing for the Case

David B. Henderson, Dyson, Schmidlin & Foulds Co., L.P.A., 5843 Mayfield Road, Mayfield Heights, Ohio 44124, Attorney for Appellant.

Thomas O. Crist, Gregory J. Lucht, Benesch, Friedlander, Coplan, Aronoff, 200 Public Square, Suite 2300, Cleveland, Ohio 44114-2378, Attorneys for Appellee, CAC Building Properties, L.L.C.

Lawrence D. Pollack, Ulmer & Berne, L.L.P., 1100 Skylight Office Tower, 1660 West 2nd Street, Cleveland, Ohio 44113-1448, Attorney for Great American Insurance Co.

David T. Patterson, 88 East Broad Street, Suite 1750, Columbus, Ohio 43215-3506, Attorney for Terrace Construction Co., Inc.

Thomas J. Connick, Davis & Young, L.P.A., 1200 Fifth Third Center, 600 Superior Avenue, E., Cleveland, Ohio 44114-2654, Attorney for Vallejo Company.

Before: Celebrezze, J., McMonagle, P.J., and Stewart, J.


JOURNAL ENTRY AND OPINION

FRANK D. CELEBREZZE, JR., J.:

{¶ 1} Appellant, the city of Cleveland ("the city"), appeals the trial court's denial of its motion for summary judgment. After a thorough review of the record, and for the reasons set forth below, we reverse and remand.

{¶ 2} On January 11, 2007, CAC Building Properties, L.L.C. ("CAC"), filed suit against the city, Terrace Construction Company, Inc. ("Terrace...

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