Burya v. Lake Metroparks Bd.
| Decision Date | 20 June 2007 |
| Docket Number | No. 2006-2078.,No. 2006-2094.,2006-2078.,2006-2094. |
| Citation | 114 Ohio St.3d 35,2007 Ohio 2712,867 N.E.2d 829 |
| Parties | BURYA et al., Appellees, v. LAKE METROPARKS BOARD OF PARK COMMISSIONERS, Appellant, et al. |
| Court | Ohio Supreme Court |
APPEAL from and CERTIFIED by the Court of Appeals for Lake County, No. 2005-L-015, 2006-Ohio-5192.
Rosplock & Perez, Richard J. Perez, Willoughby, and Jesse M. Schmidt, for appellees.
Law Offices of Steven K. Kelley and Cornelius J. O'Sullivan, for appellant.
{¶ 1} The certified question is answered in the negative, and the judgment of the court of appeals holding that the trial court erred in granting summary judgment to appellant is reversed on the authority of Elston v. Howland Local Schools, 113 Ohio St.3d 314, 2007-Ohio-2070, 865 N.E.2d 845. The judgment of the trial court granting appellant's motion for summary judgment is reinstated.
PFEIFER, J., dissents and would answer the certified question in the affirmative and affirm the judgment of the court of appeals.
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Monteith v. Delta Productions, Inc., 2008 Ohio 1997 (Ohio App. 4/28/2008)
...Crestline is entitled to summary judgment pursuant to R.C. 2744.03(A)(5). Elston, 2007-Ohio-2070, at ¶31; Burya v. Lake Metro Parks Bd. of Park Commrs., 114 Ohio St.3d 35, 2007-Ohio-2712, 867 N.E.2d 829; Ohio Bell Tel. Co. v. Digioia-Suburban Excavating, L.L.C., 8th Dist. Nos. 89708, 89907,......
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