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Larson v. Canton City Utilities

Court of Appeals of Ohio, Fifth District, Stark

December 20, 2019

TODD LARSON Plaintiff-Appellee
v.
CANTON CITY UTILITIES Defendant-Appellant

          Civil Appeal from the Canton Municipal Court, Case No. 2018CVI7318

          For Plaintiff-Appellee TODD LARSON PRO SE

          For 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.

          OPINION

          Wise, John, P. J.

         {¶1} Defendant-Appellant City of Canton appeals from the February 21, 2019, Judgment Entry of the Canton Municipal Court.

         STATEMENT OF THE FACTS AND CASE

         {¶2} The relevant facts and procedural history are as follows:

         {¶3} 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.

         {¶4} 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.

         {¶5} On January 18, 2019, Plaintiff-Appellee filed his response.

         {¶6} By Judgment Entry filed January 30, 2019, the trial court held the matter should proceed for further inquiry.

         {¶7} The small claims hearing before the Magistrate was held on January 30, 2019 at 1:30 p.m.

         {¶8} 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 ...


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