Ohio Law

News and Announcements from the Supreme Court of Ohio and Other Governmental Entities Within the Buckeye State.

Wednesday, December 21, 2005

12/21/2005 - Supreme Court of Ohio Decisions

Wednesday, Dec. 21, 2005

2004-0357 and 2004-0363. McNamara v. Rittman, 2005-Ohio-6433. Certified Questions of State Law from the United States Court of Appeals for the Sixth Circuit, Nos. 02-3778 and 02-3965. The certified questions are answered. See opinion. Resnick, Pfeifer, O'Connor, O'Donnell and Lanzinger, JJ., concur. Moyer, C.J., and Lundberg Stratton, J., concur in judgment only. Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6433.pdf
Summary: Court Holds Landowners Have Property Right to Ground Water Under Their Land

2004-1078. Cleveland Mun. School Dist. Bd. of Edn. v. Cuyahoga Cty. Bd. of Revision, 2005-Ohio-6434. Board of Tax Appeals, Nos. 2002-R-2641 and 2002-R-2642. Decision affirmed.Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.Pfeifer, J., concurs in judgment only.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6434.pdf
Taxation — Real property — Value — Property owner fails to show economic duress was factor in fixing purchase price, when.

2004-2081. State ex rel. Segedy v. Arts Residential Roofing, 2005-Ohio-6429. Franklin App. No. 03AP-1235, 2004-Ohio-5945. Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6429.pdf
Workers’ compensation – R.C. 4123.52 – Continuing jurisdiction of Industrial Commission – Staff hearing officer’s failure to identify prerequisite to invoking continuing jurisdiction is mistake of law justifying commission’s exercise of jurisdiction to reopen order.

2004-2176. Miami Cty. Bar Assn. v. Wyandt & Silvers, Inc., 2005-Ohio-6430. On Final Report by the Board on the Unauthorized Practice of Law, No. UPL 04-02. Roland A. Wyandt and Wyandt & Silvers, Inc. are enjoined from conduct that constitutes the unauthorized practice of law, and civil penalty imposed. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6430.pdf
Summary: Piqua Tax Services Firm, Co-Owner Fined for Unauthorized Practice of Law

2005-0043. State ex rel. Asti v. Ohio Dept. of Youth Serv., 2005-Ohio-6432. Franklin App. No. 03AP-998, 2004-Ohio-6832. Judgment reversed and cause remanded.Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6432.pdf
Summary: Promoted Civil Service Employee Must Be Reinstated to Classified Position On Request

2005-0771. State ex rel. Hawthorn v. Russell, 2005-Ohio-6431. Summit App. No. 22380. Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Donnell and Lanzinger, JJ., concur. O'Connor, J., not participating.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6431.pdf
Quo warranto—Corporations—Standing—R.C. 2733.05 and 2733.06—Only Attorney General and prosecuting attorneys have standing to seek writ to challenge right to nonpublic office.

Later

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