Independence v. Office of the Cuyahoga Cty. Executive, 2013 Ohio 1336

Independence requested the county to classify the Old Rockside Road Bridge as general and public utility under R.C. 5591.02 and 5591.21, making the county responsible for repairs.
The County Board of Commissioners voted in 2010 that the bridge was not a bridge of general and public utility.
Independence appealed under R.C. Chapter 2506; the trial court allowed additional evidence and discovery.
The trial court reversed the board, holding the bridge is of general and public utility and that the county is responsible for maintenance.
The board challenged the trial court’s decision and argued it did not receive appropriate hearing and that the court substituted its judgment for the board’s.
Old Rockside Road lies partly in Independence and partly in Valley View; the bridge connects industrial and railroad interests and is not strictly a city street.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court's reversal is supported by evidence	Independence	Board	Reversal affirmed; evidence supports general/public utility finding
Whether the trial court violated hearing requirements under R.C. 2506.03	Board	Board	No error; hearing requirements adequately addressed via discovery and briefing

Henley v. Youngstown Bd. of Zoning Appeals, 90 Ohio St.3d 142 (2000) (limits appellate review in administrative appeals)
Kisil v. Sandusky, 12 Ohio St.3d 30 (1984) (standard for reviewing administrative decisions)
Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion definition)
Piqua v. Geist, 59 Ohio St. 163 (1898) (county not required to repair non-primary municipal bridges)
Washington Court House v. Dumford, 22 Ohio App.2d 75 (1969) (interpretation of 'improved roads' and general/public utility)
State ex rel. Emerson v. Commrs. of Hamilton Cty., 49 Ohio St. 301 (1892) (superiority of county determination in certain traffic needs)