State ex rel. Boggs v. Cleveland

Summary

The Eighth District Court of Appeals of Ohio reviewed the case on remand from the Ohio Supreme Court and considered whether the statute of limitations barred a mandamus action seeking appropriation proceedings for an alleged taking caused by Cleveland Hopkins International Airport operations. The court held that the four-year limitation period under R.C. 2305.09(E) began when the runway expansion was completed in August 2004, making the action filed on August 1, 2008 timely. The court affirmed the trial court's ruling and remanded for further proceedings consistent with the opinion and the Ohio Supreme Court's decision.

Holdings

1. A cause of action for mandamus relief to compel appropriation proceedings for an alleged taking accrues when all events fixing the government's alleged liability have occurred and the injury or taking was discovered, or through reasonable diligence should have been discovered.
2. Relators' August 1, 2008 mandamus action was timely because the first runway expansion was completed in August 2004, less than four years before the action was filed.
3. The trial court correctly denied Cleveland summary judgment on the statute-of-limitations defense because the action was filed within the applicable four-year period.

Questions Presented

1. Whether relators' mandamus action seeking appropriation proceedings for an alleged physical taking was barred by Ohio's four-year statute of limitations for claims based on a physical or regulatory taking of real property.
2. When the cause of action accrued for purposes of the four-year limitations period.
3. Whether the trial court properly denied Cleveland summary judgment on the statute-of-limitations defense.

Disposition

affirmed