State ex rel. Ohio Atty. Gen. v. Peterson

Citations

• 182 N.E.3d 41
• 2021 Ohio 4124

Syllabus

R.C. 9.39 public officials strict liability R.C. 2305.11(A) penalty statute of limitations laches Civ.R. 56 summary judgment. The one-year statute of limitations in R.C. 2305.11(A) does not apply against the state's R.C. 9.39 claim for public official strict liability. R.C. 9.39 does not impose a penalty within the meaning of R.C. 2305.11(A), and R.C. 2305.11(A) is a generally worded statute of limitations that does not apply to the state. The trial court erred in granting the defendant's motion for summary judgment based on the statute of limitations. The trial court did not abuse its discretion in finding that the doctrine of laches does not apply against the state's claim in this case.