Bonkoski v. Lorain Cnty.
115 N.E.3d 859
Ohio Ct. App.2018Background
- The Bonkoski Family Trust owns land west of Vermillion Road; the Bechtel estate owns adjacent farmland east of the road farmed by Timothy Abraham.
- Historic drainage on the Bechtel property flows west toward Vermillion Road via subsurface tiles; a county 36-inch culvert under Vermillion Road conveys that flow onto Bonkoski’s parcel, which contains a man-made lake.
- Bonkoski sued Bechtel, Abraham, and Lorain County for trespass and negligence, seeking a permanent injunction to stop tile water from entering his property.
- The trial court granted Bonkoski summary judgment on trespass (holding the water was not “surface water”), dismissed negligence claims as time-barred, and entered a permanent injunction.
- Lorain County appealed the denial of sovereign immunity under R.C. Chapter 2744; Bechtel and Abraham appealed the summary judgment and injunction against them.
- The appellate court reversed denial of immunity for Lorain County, held the trial court erred in treating the tile/culvert flow as non-surface water, vacated Bonkoski’s summary judgment on trespass as to Bechtel and Abraham, and declared the injunction void as to the County because it was entered while County’s immunity appeal was pending.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether R.C. 2744.02(B)(5) defeats county immunity because other law (constitutional protections and R.C. Chapter 163) effectively imposes liability on the County | Bonkoski: Constitutional takings principles and statutes prohibiting uncompensated public use mean County cannot hide behind immunity for draining onto private land | Lorain County: No section of the Revised Code expressly imposes civil liability on political subdivisions for trespass; thus immunity applies | Court: Reversed trial court; R.C. 2744.02(B)(5) requires an express statutory imposition of liability on political subdivisions—constitutional or general statutory principles do not suffice; County immune here |
| Whether the trial court properly granted summary judgment on trespass against the County (merits) | Bonkoski: County liable for trespass by allowing drainage into his property | County: Immunity bars suit; merits not properly resolved in this appeal under R.C. 2744.02(C) | Court: Merits review beyond scope of County’s R.C. 2744.02(C) appeal; County’s summary judgment challenge not addressed on merits; immunity ruling reversed |
| Whether water from Bechtel’s property is “surface water” for reasonable-use trespass analysis | Bonkoski: Water conveyed by subsurface tiles and culvert is not surface water (trial court accepted this) | Bechtel/Abraham: The water originated as surface water (rain/ runoff) and retained that character through percolation and tile flow | Court: Reversed trial court; water retained its character as surface water despite percolating and flowing through subsurface tiles/culvert; reasonable-use doctrine applies; summary judgment for Bonkoski against Bechtel/Abraham reversed |
| Whether the permanent injunction against defendants is valid while County’s immunity appeal was pending | Bonkoski: Immediate injunction necessary to stop ongoing trespass | Lorain County: Trial court lost jurisdiction to enter final relief as to County while immunity appeal was pending | Court: Trial court acted beyond jurisdiction by issuing a permanent injunction on claims implicating the County’s immunity appeal; injunction void as to the County |
Key Cases Cited
- Byrd v. Smith, 110 Ohio St.3d 24 (summary-judgment standard)
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (de novo review of summary judgment)
- Cramer v. Auglaize Acres, 113 Ohio St.3d 266 (R.C. 2744.02(B)(5) covers non-negligent intentional torts only if statute expressly imposes liability on political subdivision)
- McGlashan v. Spade Rockledge Terrace Condo Dev. Corp., 62 Ohio St.2d 55 (reasonable-use rule for surface-water disputes)
- Reith v. McGill Smith Punshon, Inc., 163 Ohio App.3d 709 (surface water retains character despite subsurface conveyance)
- Moore v. Lorain Metro. Hous. Auth., 121 Ohio St.3d 455 (statute must expressly impose liability on political subdivisions under R.C. 2744.02(B)(5))
- O’Toole v. Denihan, 188 Ohio St.3d 374 (statutory language imposing liability on a “person” insufficient to trigger R.C. 2744.02(B)(5))
- Estate of Ridley v. Hamilton Cty. Bd. of Mental Retardation & Dev. Disabilities, 102 Ohio St.3d 230 (constitutional guarantees do not alone negate political-subdivision immunity)
- Crown Property Dev., Inc. v. Omega Oil Co., 113 Ohio App.3d 647 (trespass as invasion of possessory interest)
- Baker v. Shymkiv, 6 Ohio St.3d 151 (intentional entry causing invasion establishes trespass)