Kevin T. Fink, et al., Plaintiffs-Appellees,
v.
Twentieth Century Homes, Inc., et al., Defendants-Appellants,
[Appeal By City of Brecksville].
Court of Appeals of Ohio, Eighth District, Cuyahoga County.https://leagle.com/images/logo.png
RELEASED AND JOURNALIZED: November 10, 2010.
RELEASED AND JOURNALIZED: November 10, 2010.
Attorney(s) appearing for the Case
Roland J. De Monte, John T. McLandrich, Frank H. Scialdone, Mazanec, Raskin, Ryder & Keller Co., LPA, 100 Franklin's Row, 34305 Solon Road, Solon, Ohio 44139, Attorneys for Appellant, City of Brecksville.
Robert J. Dubyak, Dubyak Connick Thompson & Bloom Co., LPA, 3401 Enterprise Parkway, Suite 205, Cleveland, Ohio 44122-7341, John R. Liber, II, Webster, Dubyak & Weyls Co., LPA, 1220 West 6th Street, The Bradley Building, Suite 600, Cleveland, Ohio 44113-1328, Matthew C. Steele, Reisenfeld & Associates LPA LLC, 3962 Red Bank Road, Cincinnati, Ohio 45227, Timothy J. Weyls, Thrasher, Dinsmore & Dolan, 100 Seventh Avenue, Suite 150, Chardon, Ohio 44024-1079, Attorneys for Appellees.
Before: Kilbane, P.J., Dyke, J., Cooney, J.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.
JOURNAL ENTRY AND OPINION
MARY EILEEN KILBANE, P.J.
{¶ 1} Appellant, the city of Brecksville ("Brecksville" or "the City"), appeals the trial court's denial of its motion to dismiss under Civ.R. 12(B)(6). Brecksville argues that it is entitled to immunity under R.C. 2744.02(A) for the design, installation, and maintenance of a storm water management system that overflows onto the property of homeowners Kevin and Carolin Fink. Brecksville...
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