Riscatti v. Prime Props. Ltd. P’ship

Plaintiffs in this case were 100 current or former residents or owners of homes on State Road in Parma who sought damages caused by the continual flow of gasoline from a gas station's infrastructure into a sanitary sewer main located on State Road. Plaintiffs named as defendants various private and public entities, including Cuyahoga County. The County filed a motion seeking judgment on the pleadings on the theory that Plaintiffs' causes of action had not been filed within the two-year statute of limitations applicable to political subdivisions pursuant to Ohio Rev. Code 2744.04. The trial court denied the motion. The County appealed. The court of appeals concluded that the trial court's denial of the County's motion was not a final, appealable order over which the appellate court had jurisdiction. The Supreme Court affirmed, holding that the denial of a public subdivision's dispositive motion asserting a statute-of-limitations defense pursuant to section 2744.04 is not a final, appealable order. View "Riscatti v. Prime Props. Ltd. P'ship" on Justia Law