Ohio Supreme Court, 2011

Essman v. Portsmouth

Essman v. Portsmouth
Ohio Supreme Court · Decided February 16, 2011 · Donnell
127 Ohio St. 3d 1544; 941 N.E.2d 802
Essman v. Portsmouth

Cases that cite this one

1 later published case cites this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Scioto App. No. 09CA3325, 2010-Ohio-4837. On review of order certifying a conflict. The court determines that a conflict exists. The parties are to brief the issue stated at page 3 of the court of appeals’ Entry filed December 13, 2010:

“Does a political subdivision’s failure to upgrade an inadequate sewer system constitute a proprietary function within the meaning of R.C. 2744.01(G)(2)(d) so as to subject a political subdivision to liability under R.C. 2744.02(B)(2)?”
O’Donnell, J., dissents.

The conflict case is H. Hafner & Sons, Inc. v. Cincinnati Metro. Sewer Dist. (1997), 118 Ohio App.3d 792, 694 N.E.2d 111.

Sua sponte, cause consolidated with 2010-1970, Essman v. Portsmouth, Scioto App. No. 09CA3325, 2010-Ohio-4837.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.