Yoby v. Cleveland

Citations

• 155 N.E.3d 258
• 2020 Ohio 3366

Syllabus

Summary judgment municipal utility electricity billing C.C.O. 523.17 environmental and ecological adjustment interpretation class action fraud immunity R.C. 2744.02 statute of limitations goods services breach of contract R.C. 2305.06. - Trial court erred in its interpretation of C.C.O. 523.17 because the ordinance only allows for adjustments to a customer's electricity bill that are related to environmental and ecological purposes. The trial court erred in granting summary judgment in favor of the city on the class plaintiffs' claims for breach of contract, declaratory judgment, injunction, unjust enrichment, and restitution because genuine issues of material fact exist whether the adjustments by the city were recouped through its base rates. The trial court did not err in granting summary judgment in favor of the city on the fraud claim because the city is immune. Electricity in the context of the case is a service, not a good, thus subject to the statute of limitations for breach of contract pursuant to R.C. 2305.06.