Marilyn Seiler, et al., Appellants v. The City of Norwalk, Appellee, 192 Ohio App. 3d 331

Summary

The owners complained that their properties flooded following a storm event in 2006 and had flooded frequently thereafter as a result of the city's improper management of the city's reservoirs. The court held that, because issues of fact existed concerning whether an appropriation of the owners' land had occurred due to the design and operation of the city's reservoirs, the mandamus action had to be remanded to the trial court for consideration of whether there was a taking. The city was not entitled to immunity under R.C. 2744.03(A)(3) for the other claims as the city presented no documentation showing an established policy or protocol that resulted from the actions of city employees. The city's failure to act and establish a policy or plan for controlling the flow of water from the reservoirs despite its knowledge of the potential for flooding could not qualify as a "governmental function" under R.C. 2744.01(C)(2)(r) as there was a difference between a municipality that undertook ...