Greene v. Seal Township Board of Trustees
2011 Ohio 1392
Ohio Ct. App.2011Background
- Greene purchased a cemetery plot in Mound Cemetery; the township had already sold the same plot to another person.
- The township acknowledged the error and entered a written compromise resolution resolving related claims.
- Greene sued for improper burial, alleging $7,000 monument costs and emotional distress due to the error.
- The township moved for summary judgment on (a) the compromise resolution bar on the monument claim and (b) political-subdivision immunity under RC 2744.
- The trial court denied the summary-judgment motion; the township appealed the denial of immunity.
- The appellate court granted an interlocutory appeal on immunity and held the township is immune under RC Chapter 2744.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Seal Township immune from Greene’s tort claim? | Greene contends the claim falls outside immunity or seeks otherwise actionable relief. | Township asserts immunity under RC 2744.02(A)(1) and that none of the exceptions apply. | Yes, the township is immune; summary judgment for immunity affirmed. |
Key Cases Cited
- Lambert v. Clancy, 125 Ohio St.3d 231 (2010-Ohio-1483) (three-tier immunity analysis for political subdivisions)
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (initial burden on movant in summary judgment and need for evidence)
- Doe v. Shaffer, 90 Ohio St.3d 388 (2000) (standard for reviewing summary judgment independently)
- Bostic v. Connor, 37 Ohio St.3d 144 (1988) (summary judgment standards for Civ.R. 56)
- Helmeci v. Ohio Bur. of Motor Vehicles, 75 Ohio App.3d 172 (1991) (appellate review of administrative decisions and evidentiary standards)