ELR Citation: ELR 20730
No(s). 73-182 (Ohio Jun 26, 1974)

The Ohio Supreme Court rules that the state, as trustee of its wildlife for the benefit of the public, has an obligation to bring suit for civil damages against a municipality whose negligent operation of a sewage treatment plant resulted in a fish kill in the Portage River. The municipality may not resort to the defense of sovereign immunity in such an action, since any immunity the city may have is derivative from its acting as an agent of the state in performing a governmental function and may not be asserted against the state if the city performs that function negligently. The judgment of the court of appeals reversing and remanding the trial court's dismissal of the action is affirmed.

Counsel for Plaintiff-Appellee
William J. Brown Attorney General
John T. Davidson Asst. Attorney General
71 East State Street
Columbus, OH 43215

Counsel for Defendant-Appellant
John T. Cheetwood City Solicitor
Kurfess, Williamson & Cheetwood
329 N. Main Street
Bowling Green, OH 43402

Norman J. Geer
134 E. Court Street
Bowling Green, OH 43402