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Remedies Keyed to Kovacic-Fleischer, 8th
Hi-Land Apartments, Inc. v. City of Hillsboro
Citation:
95 Ohio App. 3d 305, 642 N.E.2d 421 (1994)Facts
The plaintiffs owned property adjacent to North Glenn Street, an alley in Hillsboro that the city had accepted and thereby assumed a duty to maintain. When the city failed to maintain the alley in reasonable condition, the plaintiffs voluntarily expended $4,072.15 for stone and surfacing materials and $3,280.86 for snow removal, grading, gravel surfacing, and pothole repair. Jack Bennington testified he acted out of concern for families and residents who depended on the alley for ingress and egress. The parties agreed that plaintiffs acted as volunteers without any agreement with the city. The trial court found the city had an obligation to maintain the alley, failed to do so reasonably, and ordered reimbursement of the full amount expended by plaintiffs.
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