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OH Supreme Court: Summit County may be sued for not repairing road, not clearing obstructions when property was damaged

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OH Supreme Court: Summit County may be sued for not repairing road, not clearing obstructions when property was damaged


COLUMBUS, Ohio – An Ohio law that has been used to win judgments for vehicle damage from public agencies that don’t keep up with their roads doesn’t stop at the curb, the Ohio Supreme Court ruled.

In a 4-3 ruling reversing a lower court decision, the court said Summit County may be liable for damage to a woman’s Sagamore Hills home after part of a county road collapsed and the area started flooding.

The ruling overturns Ohio 9th District Court of Appeals decision that found the county was immune from liability for damage to Roberta Schlegel’s home when an adjacent roadway collapsed in May 2017. The appeals court had determined that in Schlegel’s case, there was no exception to the general lawsuit liability local governments receive under Ohio law. The appeals court ruled that the exception only applies to motorists or roadway users who are injured by a road condition.

But writing for the Supreme Court majority, Justice Jennifer Brunner, a Democrat, concluded the state law contains no such limitations, according to Court News Ohio, a service of the court.

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Justices Patrick Fischer, a Republican, and Democrats Michael Donnelly and Melody Stewart joined Brunner’s opinion.

Chief Justice Sharon Kennedy, a Republican, dissented, joined by fellow Republican Justices Pat DeWine and Joseph Deters.

Rain in May 2017, Schlegel argued, resulted in the road collapsing into a culvert under the road. The resulting debris blocked stormwater, which flooded and damaged her Sagamore Hills home.

Schlegel said she was charged $6,636.56 for cleanup and remediation of the water from the basement flooding and was quoted $52,503.42 to complete other repairs.

Schlegel sued Summit County in October 2018, arguing it was negligent in its upkeep of a culvert. The county asked for a summary judgment about a year later, arguing it was immune from liability for the damage because it’s a local government. The trial court agreed it was not liable.

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However, the trial court did not decide all the other arguments in the case, so Schlegel appealed to the 9th District, which ruled that she didn’t meet a burden of proof in her appeal and the county was immune from that part of her complaint.

Schlegel appealed to the Supreme Court.

Under Ohio law, “political subdivisions are liable for injury, death, or loss to person or property caused by their negligent failure to keep public roads in repair and other negligent failure to remove obstructions from public roads.” That section of law generally has applied when motorists seek money for car damage taken from potholes. The Ohio Department of Transportation, for instance, has a form drivers can fill out if they take damage on a state-maintained road. State cases generally go through the court of claims.

But the court’s opinion said that section of law is not limited to road users.

Brunner’s opinion noted that a factual question may remain about whether the county’s negligent failure to keep the road in repair resulted in the flooding of and loss to Schlegel’s property. The opinion added that there also are defenses in Ohio’s government immunity law that may restore the county’s immunity. Whether immunity can be restored is beyond the scope of what the Supreme Court agreed to review in this case, Brunner wrote.

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The decision returns the case to the trial court to consider those issues.

In her dissent, Kennedy noted that the Ohio government immunity law defines “public roads” to mean “public roads, highways, streets, avenues, alleys, and bridges within a political subdivision.” That does not include the word “culverts” and that the meaning of the words in the “public roads” definition indicate they are part of the travelled roadway and surface on which vehicles drive.

Laura Hancock covers state government and politics for The Plain Dealer and cleveland.com.



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Cleveland, OH

Ohio’s Asphalt Paving Industry at an Inflection Point: What Cleveland Commercial Property Owners Need to Know in 2025-2026

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Ohio’s Asphalt Paving Industry at an Inflection Point: What Cleveland Commercial Property Owners Need to Know in 2025-2026


Empire Paving: Asphalt Paving Contractors in Cleveland, OH

Ohio’s asphalt paving industry is undergoing a significant structural shift driven by $14 billion in federal infrastructure funding through the IIJA, aging pavement across Northeast Ohio’s commercial corridors, and rising demand for integrated pavement management over one-time new construction. For Cleveland-area commercial and industrial property owners, this convergence of public investment, climate-driven wear, and evolving contractor capabilities creates both urgency and opportunity.
CLEVELAND, OHIO – The asphalt paving industry in Northeast Ohio is entering a pivotal period of transformation, driven by federal infrastructure dollars, aging commercial pavement, and the region’s punishing freeze-thaw climate. For commercial property owners, facility managers, and HOAs throughout the Cleveland metro area, these trends directly inform decisions about when to pave, whether to repair or replace, and how to select the right contractor.

Historic Infrastructure Investment

The Infrastructure Investment and Jobs Act is channeling an estimated $14 billion into Ohio, including $9.7 billion for roads and bridges. In Northeast Ohio alone, ODOT announced over $1.7 billion across 248 projects. Ohio voters further reinforced this in May 2025, approving $2.5 billion in general obligation bonds for infrastructure. For commercial property owners, improved surrounding roads make neglected private parking lots more conspicuous – and more costly to ignore.

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Ohio’s Infrastructure Report Card Signals Urgency

The ASCE issued Ohio an overall grade of C- in its 2025 Infrastructure Report Card. NOACA confirmed that 76% of its 2024-2027 roadway funding is dedicated to system preservation – a clear signal that the region’s pavement stock needs rehabilitation. Privately owned parking lots and access drives, many built during Ohio’s industrial peak, are likely in comparable or worse condition.

The Shift to Integrated Pavement Management

Pure “paving-only” revenue among the top 50 U.S. contractors declined approximately 24% from its 2023 peak, even as total revenues climbed 18%. Property owners increasingly seek contractors offering integrated services – milling, resurfacing, drainage repair, sealcoating, and long-term maintenance planning – not just new installation.

Freeze-Thaw Climate Creates a Compounding Crisis

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Cleveland’s repeated freeze-thaw cycles fracture pavement from within, saturate subbases, and accelerate structural failure. Well-maintained asphalt can last 20-30 years; neglected pavement often requires full replacement in 10-15. Replacement costs can run up to seven times that of a proactive maintenance program.

In-House Crews Separate Winners from the Rest

Contractors with in-house crews and integrated capabilities outperform subcontracting-dependent firms on scheduling, quality control, and accountability – all critical on active commercial and industrial sites.

Empire Paving has delivered commercial asphalt paving, concrete construction, drainage solutions, and pavement maintenance across Northeast Ohio for over 20 years from its Cleveland headquarters. Learn more at https://www.empirepaving.biz/cuyahoga-county/cleveland-oh/ or call (216) 581-1000.

Media Contact
Company Name: Empire Paving
Contact Person: Scott Heiman
Email:Send Email [https://www.abnewswire.com/email_contact_us.php?pr=ohios-asphalt-paving-industry-at-an-inflection-point-what-cleveland-commercial-property-owners-need-to-know-in-20252026]
Phone: 216-581-1000
Address:4620 Johnston Pkwy
City: Cleveland
State: Ohio, 44128
Country: United States
Website: https://www.empirepaving.biz

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This release was published on openPR.



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Cleveland Cavaliers Creating Space Outside Arena to Honor 2016 Championship Team

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Cleveland Cavaliers Creating Space Outside Arena to Honor 2016 Championship Team


The Cleveland Cavaliers were crowned NBA champions for the first time in their franchise’s history ten years ago. The 2016 NBA Finals seems like it was just yesterday.

The memories of LeBron James pouncing on a vulnerable Andre Iguodala to swat away his layup attempt is still fresh in the memory of Cavs fans watching at the time.

Kyrie Irving’s stepback three-point shot over Stephen Curry is a moment in time that will be replayed in NBA documentaries and compilations for decades to come. This period of time was truly a magical time for the city of Cleveland and the state of Ohio.

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The city had never experienced anything similar to what the 2016 Cavs did for Cleveland. The star duo of Mark Price and Brad Daugherty from the late 1980s and early 1990s got far into the playoffs routinely, but never into the NBA Finals, largely because of Michael Jordan’s Chicago Bulls.

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The Cavaliers toppled the mighty record-breaking 73-win Golden State Warriors in 2016 and now the organization is keeping that memory alive in a huge way.

Jun 19, 2016; Oakland, CA, USA; Cleveland Cavaliers forward LeBron James (23) celebrates with the Larry O’Brien Championship Trophy after beating the Golden State Warriors in game seven of the NBA Finals at Oracle Arena. Mandatory Credit: Kelley L Cox-Imagn Images | Kelley L Cox-Imagn Images
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A professional-sized basketball court

Plans to advance development of “Meet Me Here” Park went through City of Cleveland this past Friday. Developers are speeding up plans to revamp the park in order to have it ready by the 10th anniversary of the championship victory later this summer.

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The space where this development will be built is in Downtown Cleveland. A NBA-sized basketball court will dominate the space, but benches for spectators and artwork is slated to be included as well. The design of the court will be based on the 2016 NBA championship victory. There’s room for additional mobile hoops to be inserted for specific community events.

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The space is temporary and has room to grow

The current plans unveiled last Friday are set to be a temporary solution due to the 10th anniversary approaching. There could be more grand plans to revamp the surrounding area beyond the one professional-sized basketball court. The current space will feature grass areas, trees, and a fence to block basketball from wildly rolling into the street.

A nearby parking garage will also hang a banner with LeBron James famous “Cleveland, this is for you” quote after winning game seven of the 2016 NBA Finals.

This development is one of many recent advancements geared toward building up the surrounding areas of Rocket Arena. A riverfront park that supports residences is being developed near Rocket Arena.

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The Cavaliers are opening a brand new practice, training, and sports medicine facility in 2027 called the Cleveland Clinic Global Peak Performance Center. On top of these developments and the new basketball court, a riverfront amphitheater fit to seat about 6,200 people is set to open around 2028. Cleveland is developing right before the eyes of nearby residents and it’s the consistent success of the Cavaliers that have contributed heavily to these possibilities.





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Judge pauses Ohio’s plan to fund new Browns stadium with unclaimed funds

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Judge pauses Ohio’s plan to fund new Browns stadium with unclaimed funds


CLEVELAND — Ohio’s plan to use unclaimed funds to help fund construction of a new domed stadium for the Cleveland Browns was temporarily blocked in court on Monday.


What You Need To Know

  • The class-action lawsuit argues that provisions of Ohio’s two-year, $60 billion budget that took $1 billion from the state’s Unclaimed Funds Account to pay for the stadium that Haslam Sports Group is planning for suburban Brook Park
  • The strategy was among several hotly debated topics during Ohio’s budget planning last year.
  • Ohio Attorney General Dave Yost’s office said it was reviewing the decision and determining next steps

In her preliminary injunction, Franklin County Magistrate Jennifer Hunt found that plaintiffs in a lawsuit brought by former Ohio Attorney General Marc Dann are substantially likely to win their case on the merits. Her order pauses the plan while the case is heard.

The class-action lawsuit argues that provisions of Ohio’s two-year, $60 billion budget that took $1 billion from the state’s Unclaimed Funds Account to pay for the stadium that Haslam Sports Group is planning for suburban Brook Park, south of Cleveland, violate constitutional prohibitions against taking people’s private property for government use, as well as citizens’ due process rights.

The strategy was among several hotly debated topics during Ohio’s budget planning last year.

Dann and former state Rep. Jeffrey Crossman, both Democrats, filed the legal action on behalf of three named Ohio residents, as well as all other individuals whose unclaimed funds were being held by the state as of June 30, 2025.

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The litigation challenges specific budget provisions that diverted more than $1 billion in unclaimed funds to create an Ohio Cultural and Sports Facility Performance Grant Fund and designate $600 million for the Browns as its first grant.

Ohio Attorney General Dave Yost’s office said it was reviewing the decision and determining next steps.

Before ending his bid for governor last year, the Republican spoke out against using unclaimed funds for such a purpose, having gone so far as to urge DeWine to veto it. However, the state’s top lawyer has further said that he believed the plan was legally sound.



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