Ohio Court of Appeals December 3, 2007, No. 1-07-21. (City of Lima v. State)

Preston, Judge.

I. Factual Background

{¶ 1} Plaintiff-appellant, the city of Lima, appeals the Allen County Court of Common Pleas grant of summary judgment in favor of defendant-appellee, the state of Ohio.

1

Since the trial court erred in finding that R.C. 9.481 was validly enacted pursuant to Section 34, Article II of the Ohio Constitution and meets the test of

Canton v. State,

95 Ohio St.