The Board of Education relies on case law from other appellate districts to support its position that actual damages must be proven as an element of a breach of contract claim. See, e.g., Textron Financial Corp. v. Nationwide Mut. Ins. Co. (1996), 115 Ohio App.3d 137; Hackathorn v. Springfield Local School District (1994), 94 Ohio App.3d 319. While we agree that should be the law, we cannot conclude that it is. As noted above, the black letter of the law on this issue is clear.
We understand these cases to refer to private property incidentally used for a governmental purpose. See, e.g., Hackathorn v. Springfield Local School Dist. Bd. of Edn. (1994), 94 Ohio App.3d 319, 640 N.E.2d 882 (wrongful-death case in which decedent died in a private residence where a public school vocational class was performing renovations); McCloud v. Nimmer (1991), 72 Ohio App.3d 533, 595 N.E.2d 492 (involving a plaintiff who was accidentally shot by a police officer in a government-subsidized private residence).Hackathorn, supra, 94 Ohio App.3d at 325, 640 N.E.2d at 885; McCloud, supra, 72 Ohio App.3d at 539, 595 N.E.2d at 496.
It reversed and remanded the cause for further proceedings. The court of appeals certified a conflict to this court, finding that its decision conflicted with those of the Sixth District in Munoz v. Flower Hosp. (1985), 30 Ohio App.3d 162, 30 OBR 303, 507 N.E.2d 360, and the Ninth District in Textron Fin. Corp. v. Nationwide Mut. Ins. Co. (1996), 115 Ohio App.3d 137, 684 N.E.2d 1261, and Hackathorn v. Springfield Local School Dist. Bd. of Edn. (1994), 94 Ohio App.3d 319, 640 N.E.2d 882. The case is now before this court upon our determination that a conflict exists (case No. 00-2187) and upon the allowance of a discretionary appeal (case No. 00-1853).
The performance of a governmental function at a privately owned facility does not transform that building into one that is "used in connection with the performance of a governmental function." See Hackathorn v. Springfield Local School Dist. Bd. of Edn. (1994), 94 Ohio App.3d 319, 640 N.E.2d 882 (vocational class project at the decedent's private residence); Perry v. E. Cleveland (Feb. 16, 1996), 11th Dist. No. 95-L-111 (maintenance of a police dog in a private home); Neelon v. Conte (Nov. 13, 1997), 8th Dist. No. 72646 (school party at principal's private home); Troutman v. Bd. of Edn., 12th Dist. No. CA2009-08-016, 2010-Ohio-855 (school tutoring services in the tutor's private residence). See McBrayer v. Laidlaw Environmental Servs., Inc. (Dec. 28, 1999), 10th Dist. No. 99AP-115 (city's enforcement of environmental standards at a privately owned and operated facility).
If the function does not meet (a), (b) or (c), above, and is not specified in R.C. 2744.01 (C) (2), it is a proprietary function. See Hackathorn v. Springfield Local School Dist. Ed. of Edn. (1994), 94 Ohio App.3d 319, 324. The government is not required to operate a county home as an obligation of sovereignty.
This court previously affirmed the partial dismissal and partial summary judgment granted in Springfield's favor in Hackathorn's suit against Springfield. Hackathorn v. Springfield Local School Dist. Bd. of Edn. (1994), 94 Ohio App.3d 319, 640 N.E.2d 882. The facts of Hackathorn are identical to those in the case sub judice and need not be fully repeated here.