ELR Citation: ELR 20159
No(s). 1047, C.P. No. 41531 (Ohio Ct. App. Dec 22, 1972)

A statute appointing the state trustee of state wildlife gives the state a cause of action in tort against a municipality that destroys that wildlife. The judicial doctrine of governmental immunity does not protect a municipality from a statutory cause of action brought by the state. In addition, the municipal sewage disposal that destroyed the wildlife is merely a ministerial function and is not protected by the immunity doctrine. The municipality could be sued on a negligence or public nuisance theory even in the absence of a statutory cause of action.

Counsel for Appellant
John T. Davidson Assistant Attorney General
William J. Brown Attorney General
Fountain Square
Columbus, OH 43224

Counsel for Appellee
C. Richard Marsh City Solicitor
133 North Prospect
Bowling Green, OH 43402

POTTER, P.J., & Wiley, J., concur.