Lake Park Estates Pond Assn. v. Brecksville

Citations

• 236 N.E.3d 926
• 2024 Ohio 660

Syllabus

Summary judgment political subdivision city immunity stormwater sewer system pond private property property owners aesthetic maintain repair taking trespass natural watercourse reasonable use. Affirmed the judgment of the trial court that granted the motion for summary judgment of the city of Brecksville upon determining the city is entitled to political-subdivision immunity and that denied the appellants' motion for summary judgment. Appellants failed to produce evidence upon which to establish the pond at issue and its outlet structure, which are located on private property, are part of the city's public stormwater sewer system. The R.C. 2744.02(B)(2) exception to the general grant of immunity to a political subdivision did not apply to the case. The record also did not support appellants' claims that a taking or trespass has occurred.