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Jillian L. Dinehart

Portrait of Jillian L. Dinehart

Jillian is a member of the firm’s Professional Liability Department where she focuses her practice across a broad spectrum of professional liability matters, including but not limited to, the defense of municipalities and their employees, non profit directors and officers, real estate professionals, insurance agents and brokers, and employers. She has practiced in both state and federal courts, handles appeals, and has argued before the Sixth Circuit Court of Appeals. 

Jillian has been defending municipalities and their employees since 2013 and she has continued this practice with Marshall Dennehey, now leading the Cleveland office’s professional liability practice.  Although varied, Jillian’s public-sector liability practice focuses on police practices, sovereign immunity issues as well as labor and employment claims. Her employment practice extends to private employers, defending claims before the Ohio Civil Rights Commission, the EEOC, Ohio and federal courts regarding discrimination, harassment and retaliation, including claims brought pursuant to Title VII, the ADA, ADEA, the FMLA, trade secret litigation, whistleblower actions, housing discrimination and related tort claims.   

In her real estate work, Jillian has a strong track record of obtaining favorable results for real estate agents, real estate brokers, title agents, and home inspectors in cases brought against them related to alleged negligence, misrepresentation, disclosure errors, and contract disputes.  Jillian also concentrates her practice on D&O liability defending condominium and homeowners associations, as well as their directors, officers, and property managers, in matters involving alleged breaches of fiduciary duty, declaration disputes, real property document issues, and FHA, HUD and Fair Housing claims.  Additionally, she routinely defends insurance agents and brokers and miscellaneous professionals in matters pertaining to negligence, errors and omissions.  Jillian also has lived experience in non-profit D&O liability as a volunteer president of the board to a local community development corporation.

Further, Jillian’s practice extends to privacy and data breach matters, where she helps clients manage cyber risk and navigate incident response, containment, and compliance obligations. She also has experience defending corporate and individual insureds in product liability, construction, premises liability, and personal injury claims. 

A native of New York’s Finger Lakes region, Jillian earned her Bachelor’s Degree in Political Science from SUNY Albany. She received her juris doctor from Case Western Reserve University School of Law, where she launched her litigation career as an award winning student in the Criminal Defense Clinic. Before joining the firm in 2017, she gained valuable public sector experience as a judicial staff attorney and assistant director of law—skills she continues to draw upon in her advocacy for political subdivision clients.

Outside the office, Jillian can often be found enjoying live music or exploring the Cleveland MetroParks with her husband and their dogs.

    • Case Western Reserve University School of Law (J.D., 2010)
    • State University of New York at Albany (B.A., magna cum laude, 2006)
    • Ohio, 2010
    • U.S. District Court Northern District of Ohio, 2014
    • U.S. Court of Appeals 6th Circuit, 2015
    • U.S. District Court Eastern District of Michigan, 2026
    • The Best Lawyers: Ones to Watch®, Health Care Law (2023)
    • The Best Lawyers: Ones to Watch©, Personal Injury Litigation - Defendants (2024)
    • The Best Lawyers in America©, Personal Injury Litigation - Defendants (2026-2027)
    • American Bar Association
    • Cleveland Metropolitan Bar Association
    • Ohio Personal Injury Litigation: Secrets Only the Top Attorneys Know, National Business Institute (NBI) Webinar, December 15, 2022
    • Political Subdivision Tort Liability, Cuyahoga County Common Pleas Court, August 2015
    • Brief Advice Clinic with Legal Aid Society of Greater Cleveland, 2009
    • Immigration Clinic with Catholic Charities, 2009
    • AmeriCorps Service Member benefitting Legal Aid of Western New York, 2009
    • Jillian’s Motion to Dismiss was affirmed on appeal after the Ninth District Court of Appeals found that Plaintiff had sued a non sui juris entity by suing a county department in a personal injury suit.  The Plaintiff initially filed suit against the department, and later dismissed without prejudice to allow more time to develop Plaintiff’s medical records.  When he refiled his suit, he again named a county department as the defendant.  Jillian filed a Motion to Dismiss arguing that a county department does not have the capacity to be sued.  Plaintiff then filed a Motion to Amend the Complaint and named the county.  Jillian then filed a Motion to Dismiss the Amended Complaint arguing that the plaintiff was outside of the statute of limitations and that the change in defendant could not relate back to the originally filed suit.  Plaintiff’s argument that naming the department was merely a misnomer and that the Amended Complaint should relate back to the original filing failed and the trial court dismissed the case.  After oral argument, the appellate court affirmed the decision.
    • In 2023, Jillian went to trial in a motor-vehicle accident case in which she represented a driver that had died while the case was pending.  There was also a large, financially successful, corporate co-defendant represented by other counsel.  The plaintiff had sustained a broken arm in the accident that was surgically repaired.  Jillian’s client had admitted liability, so the case was solely to be heard on the value of the injury, and the liability of the corporate co-defendant.  Likely counting on the deep pockets of the co-defendant, the Plaintiff’s pre-suit demand was not rationally related to the injury or in the realm of similar verdicts in the region.  During the first day of trial, Jillian formed a clear rapport with the jury panel, often engaging in friendly banter with the potential jurors about their own experiences in car accidents, injuries similar to the plaintiff’s, and the social impact of surgical scars.  This rapport was in direct contrast to a very dry voir dire by plaintiff’s counsel and was bolstered by a similarly friendly voir dire by the co-defendant’s counsel.  The parties completed their opening statements and returned to court in the morning, at which time the plaintiff asked to engage in settlement discussions.  As a result of Jillian’s trial performance, the case settlement for $1.5 Million less than the plaintiff’s demand the day before trial.

Results

Successfully Defended a Suburban Mayor in a Defamation Case

We successfully defended an appeal of a trial court decision dismissing a defamation claim against a suburban mayor. The plaintiff, a former police officer, brought actions against a former city mayor and related defendants, asserting defamation, false light and related claims. The plaintiff alleged that statements made during a press conference disparaged him and violated a non-disparagement clause in his separation agreement. The court ruled the defamation and false light claims were correctly barred by the one-year statute of limitations under R.C. 2305.11(A) where the saving statute, R.C. 2305.19(A), permitted refiling in federal court, but did not toll limitations for subsequent state filings after the federal court dismissal. The appellate court also found the former mayor’s statements, regarding police leaders who allegedly retaliated against her, were deemed truthful and, thus, not defamatory or disparaging.   

Summary Judgment Won in Slip and Fall Case Involving a Large Supermarket Chain

We won summary judgment in Franklin County, Ohio, for a large supermarket chain in a slip-and-fall case. The plaintiff alleged he slipped and fell in the parking lot on ice that remained more than two days after the most recent snow fall and after the lot had been plowed and salted by a co-defendant. The plaintiff’s expert opined that no amount of remaining snow or ice is acceptable and that the standard of care according to the Ohio Building Code requires complete removal in order to maintain a “slip-resistant” surface. However, in Ohio, a premises owner is not liable for natural accumulations of snow and ice because persons are expected to appreciate the danger. The plaintiff’s expert did not opine as to what the defendants should have done, other than to completely remove the snow and ice. The court struck the plaintiff’s expert’s untested opinion as being unhelpful to a jury and found that the Ohio Building Code did not apply to the plaintiff’s pleadings without a claim for negligence per se. In disregarding the expert opinions, the court also found that the remaining snow and ice was “natural,” even though there had been attempted removal.

Thought Leadership

Case Law Alerts

Two Tracks, No Preclusion: Ohio Supreme Court Preserves Separate Damages Claims After Chapter 2506 Appeals

November 3, 2026

The Supreme Court of Ohio has clarified that an administrative appeal under Ohio Revised Code Chapter 2506 does not bar a separate action for damages and declaratory relief that could not have been pursued in the administrative appeal. The Ohio Supreme Court considered Sheetz, Inc. v. Centerville (2026-Ohio-3531) as a result of a certified question from the Southern District of Ohio. The question was whether Sheetz, the gas station/convenience store brand, was barred from seeking damages in a separate action since damages were not sought in their administrative appeal. Ultimately, the Ohio Supreme Court ruled that res judicata does not bar a separate action for damages after ruling on an administrative appeal because R.C. Chapter 2506 is limited to judicial review and cannot grant affirmative relief. The case arose after Centerville’s city council rejected a site plan proposed by Sheetz, Inc. that had received unanimous approval from the City’s planning commission. Sheetz filed an administrative appeal pursuant to R.C. 2506 in the Montgomery County Court of Common Pleas, and two months later filed a complaint for damages and declaratory relief under 42 USC § 1983 as a takings action with the city, city council, and other objectors as improper takings and a violation of due process, as well as interference with business and contractual relationship. The city and city council removed the § 1983 action for damages to federal court. Montgomery County Court of Common Pleas reversed the city council’s denial, and allowed the Sheetz project to move forward. Upon that ruling, the federal court issued a show-cause order questioning whether the § 1983 action was barred by the doctrine of res judicata via claim preclusion (which includes all theories of recovery).  Sheetz argued that Ohio courts of common pleas do not have authority to award damages or declaratory relief as party of the R.C. Ch. 2506 appeal, therefore res judicata could not be triggered to apply to the § 1983 action. Additionally, Sheetz moved to certify the issue to the Ohio Supreme Court, citing differing results between the second and sixth districts on this same issue. Centerville approached the question, not from a claim preclusion standpoint, but from the holding in Grava v. Parkman, Twp which states that a final judgment rendered on the merits bars all subsequent action based on the same transaction or occurrence.  In yet another approach, an objector argued that claim preclusion was satisfied because Sheetz could have raised its damages claims in the administrative appeal – Sheetz disagrees. In their analysis, the Supreme Court of Ohio broke down the elements of a claim preclusion analysis: 1) a prior final, valid decision on the merits by a court of competent jurisdiction; (2) a second action involving the same parties, or their privies, as the first; (3) a second action raising claims that were or could have been litigated in the first action; and (4) a second action arising out of the transaction or occurrence that was the subject matter of the previous action. The Court held that R.C. Ch. 2506 does not permit a party to argue damages as R.C. Ch. 2506 limits the common pleas jurisdiction as if it were sitting on appeal, and therefore can only affirm, reverse, vacate, or modify the appealed order, or can remand the case to the administrative body. Further, the Court held that Grava’s conclusion that a final judgment precludes additional litigation for different relief is inapplicable under this fact pattern because it was meant only to apply to those matters in which the plaintiff brings the exact same case twice, but for new relief. The Court found Grava was inapplicable because Sheetz could have requested damages or declaratory relief in the R.C. 2506 appeal. Therefore, Grava would be nothing more than dicta if it even did apply. Going further, the Ohio Supreme Court disavowed Sixth Circuit precedent which, in reliance on Grava and other district court decisions, permitted an owner to seeking relief under 42 U.S.C. § 1983 alongside an administrative appeal. See Moore v Hiram Twp., 988 F.3d 353 (6th Cir.2021). The Ohio Supreme Court found that the Sixth Circuit had disregarded a critical decision in Community Concerned Citizens, Inc. v. Union Twp. Bd. of Zoning Appeals, 1993-Ohio-115, which clearly held that a R.C. Ch. 2506 appeal cannot be combined with a complaint seeking other claims for relief. Id. at ¶ 11. To that end, the Ohio Supreme Court has determined that the decisions Moore relied on (outside of Grava) are no longer good law, and that Moore was wrongly decided. The decision draws a clear procedural boundary: Chapter 2506 provides judicial review of an administrative decision, not a forum for independent claims seeking affirmative relief. Although Grava may place claims arising from a single transaction within the potential scope of claim preclusion, those claims are not barred unless the complete claim-preclusion test is satisfied. Because Sheetz could not have pursued damages or declaratory relief in its Chapter 2506 appeal, the separate action was not precluded. The remaining question for practitioners looking to apply or defend against this exception is when does the statute of limitations begin to run on damages and declaratory relief claims related to an administrative decision on appeal? A takings action in federal court has a 2-year statute of limitations, or as a state claim, 4 years (like the other tortious claims raised therein). Correlating this case with others, an administrative appeal will not likely toll the statute of limitations on claims based on a final decision by a municipal authority. Therefore, practitioners should look for these cases to be brought simultaneously.

Case Law Alerts

Sixth Circuit Recognizes Heckler’s Veto Theory in Limited Public Forum

July 21, 2026

The Sixth Circuit reversed the Southern District of Ohio and ordered the district court to grant a preliminary injunction finding a strong likelihood of success on the merits of the plaintiff’s free speech claim related to an attempted public comment at a school board meeting. The plaintiff began to offer public comment by reading a written statement at a school board meeting when the board president cut off the microphone and put the meeting into recess. The board’s reaction followed a comment that the school district was failing and that the superintendent was a coward for not addressing critical race theory in the school curriculum. Per board policy, the speakers were allocated five minutes to make a statement. The plaintiff began her statement citing her various public roles in the region, then began to voice her disapproval of the board’s reluctance to audit the school curriculum against critical race theory. At 28 seconds into her speech, the plaintiff stated that she “recently heard about the failing Xenia Board of Education and the cowardice (sic) superintendent who cannot perform adequately in his role…”  The board president interrupted the plaintiff, shouting over her and threatening to cut the mic. The plaintiff continued to calmly read her prepared statement. The crowd began to loudly boo the plaintiff after the board’s threat. Board President Grech then moved the meeting into a recess. The plaintiff continued to speak over the booing crowd. A few seconds later, Board President Grech took the microphone away from the plaintiff but she continued speaking loudly without a mic as the board left the room. Although others were allowed to speak after the meeting resumed, the plaintiff was not permitted to complete her five minutes of public comment.  The plaintiff filed a 42 U.S.C. § 1983 action asserting a First Amendment claim under a “heckler’s veto” theory and sought a preliminary injunction to enjoin the board from enforcing its policy against her speech at future meetings. Board policy provided for five minutes of individual public comment but allowed the presiding officer to interrupt, warn, or terminate speech when the comments are repetitive, obscene, or constitute a true threat. The policy also allowed the presiding officer to request that an individual stop speaking or leave the meeting when the speaker is disruptive to the meeting, and should that fail, call for a recess or order the disorderly person removed. The board alleged that they halted the plaintiff’s speech because she was venturing down the path of name-calling, she was directly addressing the superintendent as opposed to the entire board, and that her conduct incited the crowd. In a hearing before the district court, Board President Grech agreed that she stopped the plaintiff from speaking because she was spreading baseless accusations and name calling. Notably, the board also chided another speaker for speaking just to the superintendent and not to the entire board, but did not take further action. That speaker spoke in favor of the superintendent. The plaintiff testified that despite her desire to speak again she felt threatened and a “little frightened” about speaking at a Xenia Board meeting without court intervention. Although the district court found that some of the plaintiff’s speech was protected, it found that the phrase “cowardice (sic) superintendent” was an unprotected ad hominem attack. The district court did not reach the question of whether the board’s regulation of the plaintiff’s speech was reasonable, finding that it was a fact question that could not be resolved at the hearing. The district court denied the injunction because the record at times favored each side of the dispute and therefore there was no clear indication that the plaintiff would succeed on the merits of the claim. Reversing the district court, the Sixth Circuit found that descriptors such as “failing” and “cowardice” are protected by the First Amendment, even in a limited public forum. The Circuit court stated that even if the plaintiff’s speech was offensive, the First Amendment protects that speech because anything less would allow the government to ban the expression of unpopular views. Regardless of the forum or the risk of offending some, viewpoint discrimination is impermissible. The court continued to state that it has never held that an ad hominem attack is per se unprotected speech, but further, that plaintiff’s speech was not an ad hominem attack (a personal dig or affront, or the criticism of an adversary’s character as opposed to the substance of the adversary’s arguments). As to the heckler’s veto arguments, for the first time the Circuit applied the Heckler’s Veto theory to a limited public forum and held that the board’s conduct amounted to a heckler’s veto. The First Amendment does not permit the government to curtail speech by succumbing to the crowd’s reaction to it. Removing a speaker due to crowd hostility will “seldom, if ever, constitute the least restrictive means available to serve a legitimate government purpose.” The court noted that in this case, not only did the board sanction the heckler’s veto, but in fact gave rise to it by threatening to turn off the microphone which only riled up the audience. Finally, the court also found that the equitable factors of a preliminary injunction – the likelihood to suffer irreparable harm – was satisfied with the possible curtailment of future speech. The court did not offer much analysis on this, but seems to imply that simply saying that there is a future intention to speak and that one is a “little frightened” to do so is enough. However, it seems most likely that the Court found the board’s action so distasteful that it did not put much analysis into this element and accepted the Plaintiff’s assertions without question. Aside from the ruling on speech protections – the court offers an interesting rebuke of the district court’s determination that the reasonableness of the board’s reaction was a question of fact, holding:  “A factual finding is clearly erroneous when the reviewing court is left with the definite and firm conviction that a mistake has been committed.  Here, the district court failed to make definitive credibility determinations, or probe into Grech’s testimony. Instead the district court framed the facts in the light most favorable to each side, and then determined it was too close to call. But courts have to make these calls, even the tough ones. The correct call here is that defendants provided no legitimate reason to regulate Boddy’s speech because Boddy shared views critical of the Board and Lofton.” There are a range of citable moments in this opinion, including Judge Bush’s own soapbox speech on the importance of protecting speech in the current political times in the concurrence!

Firm Highlights

Thought Leadership

The Search-Incident-to-Arrest Doctrine Does Not License Strip Searches

In Beatty v. Gardner, No. 25-2860 (3d Cir. Sept. 16, 2026), Kyle Beatty sued police officers Clinton Gardner and Calvin Irvin under 42 U.S.C. § 1983 after they stopped, arrested, and searched him three times during a drug investigation in Williamsport, Pennsylvania. The officers initially smelled marijuana coming from the car in which Beatty was sitting and observed marijuana residue, giving them probable cause to arrest him. Beatty consented to the first pat-down, and the second search was conducted incident to his lawful arrest; neither search uncovered weapons or contraband. The officers then transported Beatty to the police station solely to strip-search him, but the strip search also revealed nothing. The District Court granted the officers summary judgment, concluding that the initial stop, arrest, and first two searches were reasonable and that qualified immunity protected the officers from liability for the strip search. The Third Circuit affirmed, but held that the strip search itself violated the Fourth Amendment. The court concluded that the search-incident-to-arrest doctrine does not automatically permit officers to strip-search an arrestee outside the jail or prison setting. Because strip searches are highly intrusive and the traditional justifications for searches incident to arrest (officer safety and preservation of evidence) did not justify the search of Beatty, the officers generally needed either the arrestee’s consent, exigent circumstances, or a warrant supported by probable cause to believe that a search beneath the clothing would reveal weapons, contraband, or evidence. Here, the officers had none of those justifications. Nevertheless, the court held that qualified immunity barred damages liability because, at the time of the search, the right against a warrantless strip search of an arrestee outside the institutional setting was not clearly established by Supreme Court or Third Circuit precedent. The court likewise upheld qualified immunity on Beatty’s First Amendment retaliation claim and affirmed summary judgment for the officers.

Thought Leadership

Pennsylvania Supreme Court to Review Whether Legal Malpractice Claims May Be Recast as Breach of Contract Claims

The Pennsylvania Supreme Court recently granted allowance of appeal to consider whether a plaintiff may pursue a breach of contract claim against an attorney based on allegations that the attorney failed to provide competent legal services. The issue is significant in professional liability litigation because it concerns whether a plaintiff may avoid the statute of limitations applicable to professional negligence claims by characterizing the alleged misconduct as a breach of contract. Antoine Poteat retained attorneys Gary Asteak and Nino V. Tinari to represent him in a criminal matter. After his conviction was subsequently overturned through a Post Conviction Relief Act proceeding, Poteat filed suit against his former attorneys alleging that they breached their retainer agreements by failing to provide competent legal services. The attorneys argued that the claims sounded in professional negligence, rather than breach of contract, and were therefore time-barred. The trial court dismissed Poteat’s complaint, but the Superior Court, sitting en banc, reversed. The Superior Court held that the gist-of-the-action doctrine did not bar Poteat’s breach of contract claim because the alleged failure to provide competent legal services could constitute a breach of the parties’ agreement. The Court further held that a legal-services agreement contains an implied duty requiring an attorney to provide competent legal services, even where the agreement does not contain an express provision requiring such services. The Pennsylvania Supreme Court granted review in July 2026 and will consider whether the Superior Court’s decision conflicts with Pennsylvania precedent distinguishing contract and tort claims, including Bruno v. Erie Insurance Co. The Supreme Court will also address whether a plaintiff may maintain a breach of contract claim based on an implied duty to provide competent legal services without identifying a specific contractual provision that was breached. The Supreme Court’s decision could have significant implications for professional liability litigation in Pennsylvania, particularly where plaintiffs seek to characterize claims arising from alleged professional negligence as contractual claims.

Thought Leadership

Two Tracks, No Preclusion: Ohio Supreme Court Preserves Separate Damages Claims After Chapter 2506 Appeals

The Supreme Court of Ohio has clarified that an administrative appeal under Ohio Revised Code Chapter 2506 does not bar a separate action for damages and declaratory relief that could not have been pursued in the administrative appeal. The Ohio Supreme Court considered Sheetz, Inc. v. Centerville (2026-Ohio-3531) as a result of a certified question from the Southern District of Ohio. The question was whether Sheetz, the gas station/convenience store brand, was barred from seeking damages in a separate action since damages were not sought in their administrative appeal. Ultimately, the Ohio Supreme Court ruled that res judicata does not bar a separate action for damages after ruling on an administrative appeal because R.C. Chapter 2506 is limited to judicial review and cannot grant affirmative relief. The case arose after Centerville’s city council rejected a site plan proposed by Sheetz, Inc. that had received unanimous approval from the City’s planning commission. Sheetz filed an administrative appeal pursuant to R.C. 2506 in the Montgomery County Court of Common Pleas, and two months later filed a complaint for damages and declaratory relief under 42 USC § 1983 as a takings action with the city, city council, and other objectors as improper takings and a violation of due process, as well as interference with business and contractual relationship. The city and city council removed the § 1983 action for damages to federal court. Montgomery County Court of Common Pleas reversed the city council’s denial, and allowed the Sheetz project to move forward. Upon that ruling, the federal court issued a show-cause order questioning whether the § 1983 action was barred by the doctrine of res judicata via claim preclusion (which includes all theories of recovery).  Sheetz argued that Ohio courts of common pleas do not have authority to award damages or declaratory relief as party of the R.C. Ch. 2506 appeal, therefore res judicata could not be triggered to apply to the § 1983 action. Additionally, Sheetz moved to certify the issue to the Ohio Supreme Court, citing differing results between the second and sixth districts on this same issue. Centerville approached the question, not from a claim preclusion standpoint, but from the holding in Grava v. Parkman, Twp which states that a final judgment rendered on the merits bars all subsequent action based on the same transaction or occurrence.  In yet another approach, an objector argued that claim preclusion was satisfied because Sheetz could have raised its damages claims in the administrative appeal – Sheetz disagrees. In their analysis, the Supreme Court of Ohio broke down the elements of a claim preclusion analysis: 1) a prior final, valid decision on the merits by a court of competent jurisdiction; (2) a second action involving the same parties, or their privies, as the first; (3) a second action raising claims that were or could have been litigated in the first action; and (4) a second action arising out of the transaction or occurrence that was the subject matter of the previous action. The Court held that R.C. Ch. 2506 does not permit a party to argue damages as R.C. Ch. 2506 limits the common pleas jurisdiction as if it were sitting on appeal, and therefore can only affirm, reverse, vacate, or modify the appealed order, or can remand the case to the administrative body. Further, the Court held that Grava’s conclusion that a final judgment precludes additional litigation for different relief is inapplicable under this fact pattern because it was meant only to apply to those matters in which the plaintiff brings the exact same case twice, but for new relief. The Court found Grava was inapplicable because Sheetz could have requested damages or declaratory relief in the R.C. 2506 appeal. Therefore, Grava would be nothing more than dicta if it even did apply. Going further, the Ohio Supreme Court disavowed Sixth Circuit precedent which, in reliance on Grava and other district court decisions, permitted an owner to seeking relief under 42 U.S.C. § 1983 alongside an administrative appeal. See Moore v Hiram Twp., 988 F.3d 353 (6th Cir.2021). The Ohio Supreme Court found that the Sixth Circuit had disregarded a critical decision in Community Concerned Citizens, Inc. v. Union Twp. Bd. of Zoning Appeals, 1993-Ohio-115, which clearly held that a R.C. Ch. 2506 appeal cannot be combined with a complaint seeking other claims for relief. Id. at ¶ 11. To that end, the Ohio Supreme Court has determined that the decisions Moore relied on (outside of Grava) are no longer good law, and that Moore was wrongly decided. The decision draws a clear procedural boundary: Chapter 2506 provides judicial review of an administrative decision, not a forum for independent claims seeking affirmative relief. Although Grava may place claims arising from a single transaction within the potential scope of claim preclusion, those claims are not barred unless the complete claim-preclusion test is satisfied. Because Sheetz could not have pursued damages or declaratory relief in its Chapter 2506 appeal, the separate action was not precluded. The remaining question for practitioners looking to apply or defend against this exception is when does the statute of limitations begin to run on damages and declaratory relief claims related to an administrative decision on appeal? A takings action in federal court has a 2-year statute of limitations, or as a state claim, 4 years (like the other tortious claims raised therein). Correlating this case with others, an administrative appeal will not likely toll the statute of limitations on claims based on a final decision by a municipal authority. Therefore, practitioners should look for these cases to be brought simultaneously.