Miller v. Village of Lincoln Heights, 967 N.E.2d 255

Miller sued the Village of Lincoln Heights for pay allegedly owed under R.C. 5923.05(A) during military leave.
The six-year statute of limitations in R.C. 2305.07 applies to actions upon a statutory liability.
Miller was a police employee and National Guard member; deployments occurred in 2001–2002 and 2003–2004 with months of service.
During deployments, Miller’s gross pay exceeded what Lincoln Heights would pay, and he did not render village services.
Miller filed suit on September 17, 2010; Lincoln Heights moved to dismiss as untimely, seeking Civ.R. 12(B)(6) dismissal.
The trial court allowed an amendment alleging “active duty” status to toll the statute, and then held SCRA tolled the limitations period.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether SCRA tolling applies to Miller’s claim.	Miller argues active military service tolls the period.	Lincoln Heights contends no tolling without proven active duty status.	No tolling proven; complaint untimely; tolling rejected.
Whether Miller’s National Guard status falls within SCRA tolling.	Active duty under SCRA includes National Guard service	National Guard duty not included as active duty for tolling.	National Guard service not proven active duty; tolling not established.
Whether the complaint was timely filed under RC 2305.07 despite SCRA.	Six-year period should be tolled by SCRA.	Burden shifts to show tolling; not met by stipulated facts.	Complaint filed outside limitations; dismissal affirmed.

McAuliffe v. W. States Import Co., Inc., 72 Ohio St.3d 534 (1995) (defines action upon a statutory liability and six-year limit)
Niswonger v. Cincinnati, 17 Ohio App.2d 200 (1968) (public-employee compensation actions governed by six years)
Welch v. Lima, 89 Ohio App.457 (1950) (six-year limitations for statutory liabilities)
Mitchell v. Lawson Milk Co., 40 Ohio St.3d 190 (1988) (affects Civ.R. 12(B) consideration and pleading standards)