2011-Ohio-647, 941 N.E.2d 802
No. 2010-2253.Supreme Court of Ohio.
February 16, 2011.
Scioto App. No. 09CA3325, 2010-Ohio-4837.
Motion And Procedural Rulings.
On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 3 of the court of appeals’ Entry filed December 13, 2010:
“Does a political subdivision’s failure to upgrade an inadequate sewer system constitute a proprietary function within the meaning of R.C. 2744.01(G)(2)(d) so as to subject a political subdivision to liability under R.C. 2744.02(B)(2)?”
O’DONNELL, J., dissents.
The conflict case is H. Hafner Sons, Inc. v. Cincinnati Metro. Sewer Dist. (1997), 118 Ohio App.3d 792, 694 N.E.2d 111.
Sua sponte, cause consolidated with 2010-1970, Essman v. Portsmouth, Scioto App. No. 09CA3325, 2010-Ohio-4837.
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