City of Independence v. Office of the Cuyahoga County Executive

At dispute in this case was a bridge located in Cuyahoga County on the border between Independence City and the village of Valley View and on a road that was neither a County road nor a state highway. The County and the City each claimed that the other was responsible for maintaining and repairing the bridge. The County’s duty to repair or replace such a bridge depended upon whether the road served by the bridge was a road of general and public utility. The Cuyahoga County Board of County Commissioners determined that the road was not a road of general and public utility. The common pleas court reversed, and the court of appeals affirmed. The Supreme Court affirmed, holding that a preponderance of reliable, probative, and substantial evidence supported the determination that the road was a road of general and public utility. View "City of Independence v. Office of the Cuyahoga County Executive" on Justia Law