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Thread: OHSC -- No duty to trim foliage that obstructs stop sign

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    Post OHSC -- No duty to trim foliage that obstructs stop sign

    Congratulations to Kurt Anderson of Collins, Roche, Utley & Garner (Amicus counsel) and Greg Beck of Baker, Dublikar, Beck, Wiley & Matthews (counsel for City of Campbell) for their success in the Ohio Supreme Court. The Court determined that the City of Campbell had no duty to remove foliage that may have obstructed a stop sign, but did not originate from the stop sign. The Court applied R.C. 2744.02(B)(3) and determined, whether a stop sign is “in repair” depends on its physical condition, not whether it no longer serves its purpose due to an extraneous factor. The duty to “remove obstructions from public roads” applies only to obstructions that originate on the public road and does not apply to conditions that are only near or in the vicinity of public roads.

    http://www.supremecourt.ohio.gov/rod...-Ohio-2121.pdf

    These are examples from google, not from the case:


    sign-obscured-440.jpg


    staten_island_obscured_stop_sign_0820.jpg
    Any time you give a man something he doesn't earn, you cheapen him. Our kids earn what they get, and that includes respect. -- Woody Hayes​

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    stjames1_53 (06-13-2018)

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    So when foliage thats near a crossroad and drivers cant see left or right before pulling out is not the responsibility of the town.
    Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong remedies.

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    Yet motorists will be held liable if they run that stop sign they can't see.

    I think the Court had its head up its fourth point of contact on this.
    Gentlemen and ladies, I hate inflation, I hate taxes, and I hate Communism. Do something about it.” Ronald Reagan's instructions to his first assembled Cabinet.

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    I suspect that we will get a legislative change....
    Any time you give a man something he doesn't earn, you cheapen him. Our kids earn what they get, and that includes respect. -- Woody Hayes​

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    but but the TREES........................
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