CLEVELAND v. STATE

No. 92663.

185 Ohio App.3d 59 (2009)

2009-Ohio-5968

The City of CLEVELAND, Appellant, v. The STATE of Ohio, Appellee.

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

Decided November 12, 2009.


Attorney(s) appearing for the Case

Robert J. Triozzi, Cleveland Director of Law, and Gary S. Singletary, Assistant Director of Law, for appellant.

Richard A. Cordray, Attorney General, Pearl M. Chin and Craig A. Calcaterra, Assistant Attorneys General, and Benjamin Mizer, Solicitor General, for appellee.

Lydy & Moan Ltd., Frederick E. Kalmbach, and Daniel T. Ellis; Bingham McCutchen L.L.P., William F. Abrams, and Karen Lu; Mitchell H. Banchefsky and Stephen J. Smith; David Cannon and Elizabeth Rumsey; Ulmer & Berne L.L.P., and James N. Kline; and Max Rothal, for amici curiae.


COLLEEN CONWAY COONEY, Administrative Judge.

{¶ 1} Plaintiff-appellant, the city of Cleveland, appeals the trial court's grant of summary judgment to defendant-appellee, the state of Ohio, on the city's declaratory-judgment action. Finding merit to the appeal, we reverse the trial court's grant of summary judgment to the state and direct that the trial court enter summary judgment for the city, thereby...

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