No action to enjoin the performance of a contract entered into or the payment of any bonds issued by a municipal corporation shall be brought or maintained unless commenced within one year from the date of such contract or bonds.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1957–2021 · leading case: Mollette v. Portsmouth City Council, 902 N.E.2d 515 (Ohio Ct. App. 4th Dist. 2008).
Mollette v. Portsmouth City Council, 902 N.E.2d 515 (Ohio Ct. App. 4th Dist. 2008). · cites it 13דIn the motion, council argued that the one-year statute of limitations in R.C. 733.60 barred the Mollettes’ claim. The Mollettes filed a response, arguing that the two-year statute of limitations in R.”
City of Cuyahoga Falls v. Robart, 567 N.E.2d 987 (Ohio 1991). · cites it 4ד59 authorizes a taxpayer to institute suit in his own name on behalf of the city to enjoin the misapplication of city funds, the abuse of corporate powers, or the execution or performance of illegal contracts. See R.C. 733.56. It is well-settled that “any action predicated upon…”
Mollette v. Portsmouth City Council, 863 N.E.2d 1092 (Ohio Ct. App. 4th Dist. 2006). · cites it 2דIn the motion, council argued that the one-year statute of limitations in R.C. 733.60 barred the Mollettes’ claim. The Mollettes filed a response, arguing that the two-year statute of limitations in R.”
Westbrook v. Prudential Ins. Co. of Am., 524 N.E.2d 485 (Ohio 1988). · cites it 3ד59 must be instituted within the limitation period prescribed by R.C. 733.60, which provides: “No action to enjoin the performance of a contract entered into or the payment of any bonds issued by a municipal corporation shall be brought or maintained unless commenced within one…”
City of Berea Ex Rel. Ward v. Trupo, 753 N.E.2d 286 (Ohio Ct. App. 8th Dist. 2001). · cites it 10דThe motion was granted on the grounds that the action was not timely commenced within the one-year statute of limitations provided in R.C. 733.60. Finding that the trial court *774 misconstrued the applicable statute of limitations, we reverse this matter for a hearing on the…”
Peppers v. Beier, 599 N.E.2d 793 (Ohio Ct. App. 3d Dist. 1991). · cites it 2ד” In their prayer for relief as filed in the original complaint in this action, the appellants asked the court to “enjoin defendants and any persons acting in concert with them from taking any further action towards the construction or appropriation of public funds for Reservoir…”
Medina ex rel. Jocke v. Medina, 2021-Ohio-4353. “{¶ 10} In their first assignment of error, the appellants contend (1) an emergency ordinance cannot be challenged via referendum, (2) their lawsuit was timely because R.C. 733.60 provides a one-year statute of limitation to enjoin the performance of a municipal contract, and (3)…”
Howard v. Cleveland, 200 N.E.2d 349 (Ohio Ct. App. 8th Dist. 1964). · cites it 2ד“Section 733.60, Revised Code. Limitation of Action.”
R. C. Young & Assocs., Inc. v. City of Eastlake, 166 Ohio St. (N.S.) 476 (Ohio 1957). · cites it 2דThe appeal as of right herein is dismissed for the reason that no debatable constitutional question is involved, inasmuch as the action was not instituted within the time limited by Section 733.60, Revised Code. Appeal dismissed.”
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