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STATE EX REL. RIVER CITY CAPITAL, L.P. v. CLERMONT CTY. BD. OF COMMRS.

No. CA2008-12-110.

2009 Ohio 4675

State of Ohio ex rel. River City Capital, L.P., Plaintiff-Appellee, v. Board of Clermont County Commissioners, et al., Defendants-Appellants.

Court of Appeals of Ohio, Twelfth District, Clermont County.

September 8, 2009.

Attorney(s) appearing for the Case

James F. McCarthy, III, 2400 Chemed Center, 255 East Fifth Street, Cincinnati, OH 45202, for plaintiff-appellee.

Mary Lynne Birck, 101 East Main Street, Batavia, OH 45103, for defendants-appellants.

OPINION

POWELL, J.

{¶1} Defendant-appellant, Board of County Commissioners of Clermont County, Ohio (the County), appeals the decision of the Clermont County Court of Common Pleas denying its motion for summary judgment, in which the County sought immunity from suit pursuant to R.C. Chapter 2744. For the reasons set forth herein, we affirm the trial court's decision.

{¶2} This matter concerns the collapse of a...

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