190 results for 'court:"Ohio Supreme Court"'.
J. Kennedy finds the appeals court erroneously granted a portion of the K-9 officer's motion for summary judgment and determined he was entitled to political subdivision immunity on negligence claims brought by the guest who was bitten by his K-9 unit at a party. Reasonable minds could differ as to whether the officer's actions at his home were clearly outside the scope of his duties as a police officer. Although he is required to keep the dog at his home, many people at the party had consumed alcohol, including the officer, while there was a question of fact as to whether the dog had been given beer to drink while the officer demonstrated some of his training, all of which prevents the application of immunity. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: August 30, 2023, Case #: 2023-Ohio-3005, Categories: Government, Immunity, Negligence
Per curiam, the Supreme Court of Ohio finds the Board of Tax Appeals properly upheld the use tax imposed by the tax commissioner on the data center. Although the contractor who built the center paid taxes on certain pieces of equipment, there is no precedent that prevents further assessments on the user of the equipment after construction is complete. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: August 29, 2023, Case #: 2023-Ohio-2974, Categories: Construction, Tax
Per curiam, the Supreme Court of Ohio finds the appeals court erroneously granted the employee's request for a writ of mandamus. The Industrial Commission's initial decision to deny the applicant's request for total disability benefits was based on proper medical evidence, including an independent examiner who found the applicant could complete sedentary work with some accommodations, including frequent breaks. Reversed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: August 29, 2023, Case #: 2023-Ohio-2975, Categories: Evidence, Workers' Compensation
J. Stewart reverses the court of appeals decision upholding a finding for a city on a union's complaint, in which it argues a fire chief's retirement created a vacancy in the department, regardless of the fact he was rehired the next day. A vacancy in the fire department occurred immediately upon the retirement and, therefore, the city was required to fill the position via the mandated promotional process. While the chief claims he never intended to resign but merely wanted to collect pension benefits simultaneously, his intent is irrelevant and the case must be remanded to the appeals court to consider the union's previously mooted arguments. Reversed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: August 29, 2023, Case #: 2023-Ohio-2976, Categories: Civil Procedure, Employment, Labor / Unions
J. Donnelly finds that the lower court properly granted the nonprofit housing organization's petition for a writ of mandamus to compel the production of certain documents from Ohio Fair Plan because the agency is a "public office" under the Ohio Public Records Act. Although it does not perform a governmental function, Ohio Fair Plan was created by the legislature and handles administrative appeals regarding housing insurance, which renders it a public office subject to the type of records requests made by the nonprofit. Affirmed.
Court: Ohio Supreme Court, Judge: Donnelly, Filed On: August 3, 2023, Case #: 2023-Ohio-2667, Categories: Government, Public Record, Housing
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Per curiam, the Supreme Court of Ohio finds that the lower court properly dismissed the petitioner's request for the production of unredacted documents from the law firm because the invoices sent to the township board of trustees were protected from disclosure under attorney-client privilege. The lower court conducted an in-camera inspection of the documents to ensure they were protected from disclosure, and because the petitioner cannot rebut the results of that inspection, he is not entitled to a writ of mandamus.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: August 3, 2023, Case #: 2023-Ohio-2668, Categories: Government, Public Record, Privilege
J. DeWine finds that the Board of Tax Appeals erred when it determined the majority of the oil and gas company's fracking equipment does not qualify for a tax exemption because under the revised version of Ohio's relevant tax exemption, the equipment qualifies either as something used "directly in the production of oil or gas" or a "thing transferred" during the extraction process. Therefore, all of the equipment presented by the company is entitled to tax exempt status, except for its data van, which is a motor vehicle unrelated to the production process and not enumerated in the statute. Reversed in part.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: August 2, 2023, Case #: 2023-Ohio-2598, Categories: Energy, Tax
J. DeWine finds the power siting board properly determined the wind turbine company met requirements for placement of a wind farm on a karst plain because the company's development proposal included mitigation plans to reduce environmental impact and ensure the local water supply remained undisturbed. The company also conducted geological and noise surveys to measure the impact of the wind farm on local residents and wildlife, including bald eagles nesting within a 2-mile radius of the site. Affirmed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: July 27, 2023, Case #: 2023-Ohio-2555, Categories: Energy, Environment, Experts
Per curiam, the Supreme Court of Ohio finds the lower court properly denied the wife's petition for a writ of prohibition to prevent the common pleas court from adjudicating claims brought by another owner of a multi-story building. The owner's claims regarding violations of an easement are entirely separate from the wife's divorce proceedings with her husband and the division of marital assets, which include part of the building. Therefore, the common pleas court has jurisdiction over the building owner's suit against the wife. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: July 27, 2023, Case #: 2023-Ohio-2556, Categories: Family Law, Real Estate, Jurisdiction
[Consolidated.] J. Deters finds the Reagan Tokes Law does not violate the separation of powers doctrine. Although the Department of Rehabilitation and Corrections may extend an inmate's sentence beyond the minimum number of years imposed by the trial court, the minimum and maximum terms of the sentence are never altered once established by the trial court at the initial sentencing hearing and, therefore, the trial court maintains exclusive control over the sentencing process. Affirmed.
Court: Ohio Supreme Court, Judge: Deters, Filed On: July 26, 2023, Case #: 2023-Ohio-2535, Categories: Constitution, Sentencing, Due Process
Per curiam, the Supreme Court of Ohio finds the lower court properly denied the inmate's petition for a writ of mandamus. His claims were mooted when the clerk of courts provided the requested documents less than a week after he filed his petition. However, because eight of the inmate's document requests were initially denied on an improper basis, he is entitled to statutory damages in the amount of $700. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: July 26, 2023, Case #: 2023-Ohio-2536, Categories: Public Record, Damages
J. Kennedy finds the appeals court incorrectly interpreted Ohio law regarding the maximum length of a prison sentence imposed after an individual violates a condition of his community control. The statute in question allows for a term equal to the maximum of the original conviction, regardless of the original sentence and the time served. Therefore, the trial court's initial sentence for 150 days of jail time for each conviction after defendant violated his community control provisions was not contrary to law and will be reinstated. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: July 25, 2023, Case #: 2023-Ohio-2516, Categories: Criminal Procedure, Sentencing
Per curiam, the Supreme Court of Ohio finds a property owner is entitled to a writ of mandamus to compel the state to proceed to construct easements. While the property owner could apply for a road access permit from the city of Cleveland to re-establish access to his property following an Ohio Department of Transportation road construction project, the number of factors required for such a permit make success unlikely.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: July 25, 2023, Case #: 2023-Ohio-2517, Categories: Government, Property
J. Kennedy reverses the court of appeals' judgment vacating the convict's sexual imposition conviction, as the convict alleges that the prosecution improperly exercised its preemptory challenges on two prospective male jurors under the belief that they, as men, would be more sympathetic to the convict. The convict does not present compelling evidence that the prosecution excluded the jurors because they are male. The final jury pool that includes the alternate juror was 56% female and 48% male, and the less than 6% variation regarding the jurors' gender is not constitutionally significant. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: July 13, 2023, Case #: 2022-0707, Categories: Jury, Sex Offender, Civil Rights
J. Kennedy reinstates the trial court's finding for an insurer on an individual's complaint for coverage of his judgment against a facility where he was attacked by another resident. The mental state of an individual who commits assault or battery is irrelevant in determining whether the assault and battery exclusion of an insurance policy applies. Therefore, the knife attack on the victim at the long-term care facility was undoubtedly an assault under the policy and coverage should have been excluded. Reversed.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: July 12, 2023, Case #: 2023-Ohio-2343, Categories: Insurance, Contract
Per curiam, the Supreme Court of Ohio finds the lower court was not required to take judicial notice of documents attached to the mother's petition for a writ of prohibition in a custody case, as none of the attachments were authenticated or properly submitted to the court. As a result, there was no evidence to support the mother's petition to prevent the award of custody of her child to her father, and the court properly denied her petition. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: July 12, 2023, Case #: 2023-Ohio-2344, Categories: Family Law, Jurisdiction
J. Stewart finds the court of appeals lacked jurisdiction to consider the merits of the park board's appeal from a decision regarding appropriation proceedings. The trial court's decision to deny the property owner's motion for summary judgment did not constitute a final, appealable order. Vacated.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: July 11, 2023, Case #: 2023-Ohio-2332, Categories: Government, Property, Jurisdiction
Per curiam, the Supreme Court of Ohio finds the lower court properly dismissed the fire captain's petition for a writ of mandamus to compel his promotion to battalion chief. The promotion decision was governed exclusively by the CBA between the labor union and the city; therefore, the captain had an adequate remedy by way of a grievance or arbitration. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: July 6, 2023, Case #: 2023-Ohio-2264, Categories: Employment, Government, Labor / Unions
Per curiam, the Supreme Court of Ohio finds the inmate's failure to raise any argument in his appeal regarding his mandamus claim against the parole board renders the claim abandoned. Meanwhile, the lack of any claim the parole board exercised judicial power when it based its parole decision, at least in part, on the inmate's alleged paternity of the child of his rape victim, forecloses any chance of success on his petition for a writ of prohibition. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: July 6, 2023, Case #: 2023-Ohio-2263, Categories: Criminal Procedure, Parole
Per curiam, the Supreme Court of Ohio finds that while the prison inspector inadvertently sent the wrong documents when the inmate made his initial records request, the lower court properly denied the inmate's request for statutory damages under the Public Records Act. The inspector not only reasonably believed she had satisfied the request, but also provided the correct documents as soon as the mistake was discovered. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: July 6, 2023, Case #: 2023-Ohio-2266, Categories: Public Record, Damages
Per curiam, the Supreme Court of Ohio finds the appeals court properly rescinded the disability benefits granted to the employee because the commission initially misapplied the principal of voluntary abandonment. Although the employee quit after she moved to California and was injured on the job, her resignation stemmed from her failure to obtain a phlebotomy license in that state, not her injuries; therefore, she failed to establish the necessary causal relationship for temporary disability benefits. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: July 5, 2023, Case #: 2023-Ohio-2213, Categories: Employment, Workers' Compensation
Per curiam, the Supreme Court of Ohio denies an individual's request to enforce a writ of procedendo because such a ruling would essentially be an advisory opinion applicable to all future filings in his domestic relations case, a type of relief this court cannot grant. However, his motion to declare his ex-wife a vexatious litigator will be granted as a result of her repeated, frivolous filings with the trial court, all of which were made solely in an effort to deprive the court of jurisdiction and prevent it from enforcing the writ of procedendo previously granted by this court.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: June 30, 2023, Case #: 2023-Ohio-2165, Categories: Civil Procedure, Family Law, Jurisdiction
Per curiam, the Supreme Court of Ohio finds the petitioners are not entitled to a writ of mandamus to remove a proposed constitutional amendment from the August 8, 2023 special election ballot. The legislature is allowed under the state constitution to schedule a special election date not authorized by any statute. Although the state's constitution requires a specific date for general elections, there is no such restriction on special elections for constitutional amendments, so long as three-fifths of both assemblies agree to the date, and because that is the case here, the election will proceed as scheduled.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: June 16, 2023, Case #: 2023-Ohio-1992, Categories: Constitution, Elections, Government
Per curiam, the Supreme Court of Ohio finds petitioners are entitled to a partial writ of mandamus to change the title language of the August ballot initiative regarding future changes to the Ohio Constitution. The inclusion of the word "any" is likely to confuse voters about which constitutional amendments are covered by the initiative. Therefore, the ballot initiative language will be changed to remove "any" and prevent confusion regarding whether amendments proposed by the legislature are covered under the initiative.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: June 12, 2023, Case #: 2023-Ohio-1928, Categories: Constitution, Elections, Government
J. Stewart finds the court of appeals erroneously overturned the trial court's award of damages to the property owner after the Department of Transportation failed to deliver the title of a parcel of real estate within the required time frame. While the term "damages" was not expressly defined in the parties' settlement agreement following eminent domain proceedings, the settlement was valid and enforceable because the amount of damages had no bearing on either party's performance under the agreement. Reversed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: June 8, 2023, Case #: 2023-Ohio-1866, Categories: Real Estate, Settlements, Damages