Appeal from the Canton Municipal Court, Case No. 2018CVI7318
Plaintiff-Appellee TODD LARSON PRO SE
Defendant-Appellant KEVIN R. L'HOMMEDIEU CRAIG E.
CHESSLER CANTON LAW DEPARTMENT
JUDGES: Hon. John W. Wise, P. J. Hon. Craig R. Baldwin, J.
Hon. Earle E. Wise, Jr., J.
John, P. J.
Defendant-Appellant City of Canton appeals from the February
21, 2019, Judgment Entry of the Canton Municipal Court.
OF THE FACTS AND CASE
The relevant facts and procedural history are as follows:
On December 19, 2018, Plaintiff-Appellee Todd Larson filed a
Small Claims Complaint naming Canton City Utilities as the
defendant, seeking a refund of $3, 392.00, which he paid to
the City of Canton for utility services.
On January 14, 2019, the City of Canton, through its Law
Department, filed a motion to dismiss asserting the City of
Canton is entitled to immunity pursuant to Chapter 2744 of
the Ohio Revised Code and that Canton City Utilities is not
sui juris, capable of being sued or bringing suit.
On January 18, 2019, Plaintiff-Appellee filed his response.
By Judgment Entry filed January 30, 2019, the trial court
held the matter should proceed for further inquiry.
The small claims hearing before the Magistrate was held on
January 30, 2019 at 1:30 p.m.
No appearance was made for Defendant. The Magistrate
requested and obtained from the Plaintiff permission to
contact the Canton Law Department to advise of the hearing.
No representative of the City was available. The ...