5812 Invest. Group, L.L.C. v. Columbus

Citations

• 2024 Ohio 5930

Syllabus

The trial court erred in denying defendant's motion to dismiss for failure to state a claim based on the affirmative defense of political-subdivision immunity as to plaintiff's claim for trespass, but did not err in denying the motion as to plaintiff's claims for negligence, interference with water rights, and private nuisance. The defendant failed to demonstrate that the complaint obviously or conclusively established the R.C. 2744.02(B)(2) exception to immunity did not apply to plaintiff's claims for negligence, interference with water rights, and private nuisance.