Roetzel & Andress, L.P.A., and Stephen W. Funk , urging reversal for amicus curiae Ohio Association of Civil Trial Attorneys.
Isaac, Brant, Ledman & Teetor, L.L.P., Mark Landes , and Scyld D. Anderson , urging reversal for amici curiae the County Commissioners Association of Ohio, County Engineers Association of Ohio, County Sanitary Engineers Association, County Risk Sharing Authority, Metropolitan Sewer District of Greater Cincinnati, Ohio Municipal League, Ohio Township Association, Coalition of Large Urban Townships, and Association of Ohio Metropolitan Wastewater Agencies.
Supreme Court of Ohio.
O'CONNOR, C.J.
{¶ 1} In this appeal, we address whether "upgrading" a storm-sewer system is a governmental or proprietary function of a political subdivision within the meaning of R.C. 2744.01 and whether failure to "upgrade" subjects that political subdivision to liability under R.C. 2744.02(B)(2). For the reasons that follow, we hold that because upgrading involves construction and design, such upgrading is a governmental, not a proprietary...
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