HOLBROOK v. BRANDENBURG

C.A. No. 2007 CA 106.

2009 Ohio 2320

James C. Holbrook, et al., Plaintiffs-Appellees, v. James Brandenburg, et al., Defendants-Appellants.

Court of Appeals of Ohio, Second District, Clark County.

Rendered on May 15, 2009.


Attorney(s) appearing for the Case

Michael P. McNamee, Atty. Reg. No. 0043861 and Gregory B. O'Connor, Atty. Reg. No. 0077901, 2625 Commons Blvd., Beavercreek, Ohio 45431, Attorneys for Plaintiffs-Appellees.

Robert J. Surdyk, Atty. Reg. No. 0006205 and Kevin A. Lantz, Atty. Reg. No. 0063822, One Prestige Place, Suite 700, Miamisburg, Ohio 45342, Attorneys for Defendants-Appellants, Bethel Township Trustees.


OPINION

WALTERS, J. (By assignment)

{¶ 1} Appellant, Bethel Township Trustees appeal from the judgment of the Clark County Common Pleas Court denying their motion for summary judgment on the issue of political subdivision tort immunity. The township claims that it is immune from liability for damages caused by the backup of storm water on the plaintiffs' property. Because we find that there are material issues of...

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