Glick Mgt., L.L.C. v. Cincinnati

Citations

• 2025 Ohio 2572

Syllabus

R.C. 4513.601 – R.C. 4513.611 – R.C. 4513.61 – R.C. 2744.02 – POLITICAL SUBDIVISION IMMUNITY – CIV.R. 12(B)(6) – GOVERNMENTAL FUNCTIONS – PROPRIETARY FUNCTIONS: Where plaintiff-lienholder's complaint alleged that defendant-city had \seized\ a vehicle in which it had a security interest, placed it in the police impoundment lot, and \sold\ the vehicle, the trial court erred by dismissing plaintiff-lienholder's claims for violation of R.C. 4513.611, conversion, and unjust enrichment, because defendant-city's alleged failure to provide notice under R.C. 4513.601 may have concerned a negligent omission in connection with a proprietary function under R.C. 2744.02(B)(2), such that plaintiff-lienholder's complaint did not clearly demonstrate that defendant-city would be immune from these claims. The trial court correctly dismissed plaintiff-lienholder's claim based upon defendant-city's alleged failure to provide notice under R.C. 4513.61 where such a failure-to-notify claim under R.C. 4513.61 concerned an omission in connection with a governmental function, no provision of the Revised Code expressly imposed liability, and the complaint therefore clearly demonstrated that defendant-city was entitled to immunity.