Disputes with Counties Can Require Jurors from Neighboring Counties

Kegler Brown Construction Law Newsletter

Counties – like any other public authority – often encounter construction disputes. Some practitioners assume that the County will have a “home court” advantage where jurors deciding the dispute will be taxpayers in the County eager to protect their pocketbooks.

But Ohio has a statute designed to level the playing field and ensure more neutral decision-making. O.R.C. §2311.42 provides that either party may demand jurors from an adjoining county be utilized to hear the lawsuit for or against the County. If that demand takes place, jurors from a neighboring county must be used to hear the dispute.