Ohio Law

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

Friday, May 06, 2005

Governor's Race Heats Up

U.S. Representative Ted Strickland has announced that he is running for the Democratic ballot spot spot for Governor in 2006. Strickland had previously said he would not run for Governor, but with Columbus Mayor Mike Coleman's campaign hitting a rough spot with the talk show call and Rep. Sherrod Brown announcing that he would not seek the governor's job this week, the perfect storm of uncertainty gave Strickland an opportunity.

On the GOP front, Secretary of State Ken Blackwell boasted of recent polling results that showed him in the lead with 36% as compared to fellow challengers State Auditor Betty Montgomery (21%) and Attorney General Jim Petro (18%). Undecideds made up 25% of the sampling.

A Montogomery campaign spokesperson stated that Blackwell "lacks momentum, lacks money, lacks message." Additionally, a Petro spokesperson stated that a poll that Mr. Blackwell conducted 17 months before a primary has "absolutely no significance" on the race.

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Source: Gongwer News Service

Supreme Court of Ohio Case Announcements and Administrative Actions - 5/6/2005

Here is the link.

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Thursday, May 05, 2005

New Bill Introductions - 5/5/2005

HB 242 SCHOOL CONSTRUCTION FUNDS (Evans, C.) To specify a new method of calculating a school district's portion of the cost of a state-assisted classroom facilities acquisition project for certain districts that have a combination of relatively high valuations per pupil and relatively low median incomes. Am. & En. 3318.01, 3318.032, 3318.08, 3318.36, 3318.363, 3318.37, 3318.38, 3318.036, 3318.037, 3318.038 & 318.039 Full Text

HB 243 ADMINISTRATIVE RULES (Hood) To require certain state agencies to include in their summaries of proposed rules an assessment of the impact of each rule on family formation, maintenance, and well-being and to require an assessment of the impact of proposed legislation on family formation, maintenance, and well-being prior to action by the General Assembly. Am. & En. 121.24, 122.08, 122.081 & 103.147 Full Text

HB 244 TITLE INSURANCE (Schneider) To require title insurance agents to notify purchasers of the availability of owner's title insurance when issuing lender's title insurance in conjunction with a residential mortgage loan and to explain what owner's title insurance covers, to require title insurance agents to maintain errors and omissions insurance, and to authorize title insurers to issue settlement protection. Am. & En. 3953.23, 1349.24 & 3953.32 Full Text

HB 245 STATE VEHICLES/FUELS (Reinhard) To require that half of all motor vehicles purchased for state agency fleets be capable of using alternative fuels; to require that state agencies procuring vehicles give preference to qualified bidders who supply vehicles that use Ohio corn-based ethanol or Ohio soybean-based biodiesel fuel; to allow the Department of Administrative Services to sell or trade credits generated by the acquisition of alternative fueled vehicles under the federal "Energy Policy Act of 1992"; to establish an alternative fuel transportation grant program for the purchase and installation of alternative fuel refueling facilities and the purchase of certain grades of ethanol or biodiesel; to authorize city, local, or exempted village school districts to purchase biodiesel for the operation of school buses and receive a subsidy from the Department of Education for such purchase; to require that diesel fuel contain at least two per cent biodiesel under certain circumstances; to authorize the Director of Environmental Protection to require the use of clean alternative fuel in covered fleet vehicles in counties identified as severe non-attainment for ozone under the federal Clean Air Act Amendments; to establish a local government vehicular fleet alternative fuel revolving loan program administered by the Director; to require that part of the Department of Transportation's vehicle fleet and heavy equipment that operates on diesel fuel use biodiesel; to prohibit political subdivisions from levying taxes on alternative fuel; and to authorize tax credits against corporation franchise and income tax liability for selling ethanol blended gasoline and for installing E85 fuel pumps. Am. & En. 125.831, 3317.022, 5733.98, 5747.98, 125.834, 125.835, 125.836, 901.14, 3327.17, 3704.121, 3704.20, 3704.30 to 3704.34, 5501.18, 5733.47, 5733.48, 5735.40, 5747.76 & 5747.77 Full Text

HB 246 POWER OF ATTORNEY (Oelslager) To permit a surviving spouse to take a motorcycle as one of the two automobiles the surviving spouse may receive outside of probate, to create a statutory form for the creation of a power of attorney, to set forth the general powers of an attorney in fact under a power of attorney, and to provide for the construction of the powers of an attorney in fact under a power of attorney created by use of the statutory form. Am. & En. 2106.18, 1337.18, 1337.19 & 1337.20 Full Text

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Supreme Court of Ohio Case Announcements and Administrative Actions - 5/5/2005

Here is the link.

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New Bills, Including Another Abortion Measure (HB 239)

SB 142 REGIONAL TRANSIT TRUSTEES (Jacobson) To establish a distinct method to appoint the board of trustees of certain regional transit authorities. En. 306.331 Full Text

SB 143 GOVERNMENT CONTRACT REQUIREMENTS (Jacobson) To impose contract, record-keeping, auditing, and other requirements on persons that receive money from governmental entities for the provision of certain services, to provide civil remedies for the misuse of that and other public money, and to create the Government Contracting Advisory Council. En. 9.23, 9.231, 9.232, 9.233, 9.234, 9.235, 9.236, 9.237, 9.238, 9.239, & 9.241 Full Text

HB 236 SPECIAL LICENSE PLATES (White) To create "Donate Life" license plates. Am. 2108.15 and En. 4503.721 Full Text

HB 237 COUNTY CONTRACT PROCEDURES (Seaver) To allow a county contracting authority to use competitive sealed proposals instead of competitive sealed bidding when doing so would be advantageous to the county. Am. 307.86 and En. 307.862 Full Text

HB 238 MOTORCYCLE SAFETY MONTH (Patton, S.) To designate the month of May as "Motorcycle Safety and Awareness Month." En. 5.2230 Full Text

HB 239 ABORTION PROHIBITION (Schneider) To prohibit the use of public funds or facilities for nontherapeutic abortions, proscribe public employees acting in the scope of their employment from performing or inducing a nontherapeutic abortion, and to declare that it is the public policy of the state to prefer childbirth over abortion to the extent that is constitutionally permissible. Am. 124.85, 505.60, 505.601 & 5101.55 and En. 9.041, 9.901, 305.172, 306.481, 339.161, 351.081, 505.604, 1545.073, 1901.112, 1901.313, 1907.162, 3709.162 & 5101.551 Full Text

HB 240 COUNTY DEPARTMENT MOVES (Law) To prohibit certain counties from moving county department of job and family services personnel without approval from the Director of Job and Family Services. En. 329.012 Full Text

HB 241 CRIMINAL FORFEITURE LAWS (Latta) To adopt the Criminal Sentencing Commission's recommendations regarding revision of the Forfeiture Laws. Am. 9.92, 109.85, 309.08, 311.07, 1506.35, 2152.20, 2901.01, 2909.08, 2913.34, 2923.01, 2923.31, 2923.32, 2923.34, 2923.36, 2923.41, 2923.42, 2923.44, 2925.03, 2925.14, 2925.42, 2927.02, 2929.18, 2930.11, 2933.75, 2935.03, 2945.44, 3719.11, 3719.141, 3719.21, 3729.13, 3743.68, 3745.13, 4301.29, 4301.45, 4301.53, 4305.13, 4503.233, 4503.234, 4510.41, 4511.195, 4549.62, 4549.63, 4728.04, 4729.65, 5735.121, 5739.15, 5743.082, & 5743.112, En. 2929.1412, 2981.01, 2981.02, 2981.03, 2981.04, 2981.05, 2981.06, 2981.07, 2981.08, 2981.11, 2981.12, 2981.13, & 2981.14, and Rep. 2923.33, 2923.35, 2923.45, 2923.46, 2923.47, 2925.41, 2925.43, 2925.44, 2925.45, 2933.41, 2933.42, 2933.43, 2933.44, 2933.71, 2933.72, 2933.73, and 2933.74 Full Text

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Supreme Court of Ohio Opinions - May 4, 2005

Wednesday, May 4, 2005

2002-1460. Columbus Bar Assn. v. Dougherty, 2005-Ohio-1825.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 01-82. Gina Mary Dougherty, Attorney Registration No. 0022195, is publicly reprimanded.
Resnick, Pfeifer, Lundberg Stratton and O'Donnell, JJ., concur.
Moyer, C.J., O'Connor and Lanzinger, JJ. dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-1825.pdf

2003-0822. Wesnovtek Corp. v. Wilkins, 2005-Ohio-1826.
Board of Tax Appeals, No. 1996-P-429. Decision reversed.
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-1826.pdf

2003-1271. Hans v. Hartford Ins. Co., 2005-Ohio-1823.
Hamilton App. No. C-020500, 2003-Ohio-3045. Judgment reversed and cause remanded.
Moyer, C.J., Resnick, Pfeifer, O'Connor and O'Donnell, JJ., concur.
Lundberg Stratton and Lanzinger, JJ., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-1823.pdf

2004-0669. State ex rel. Rollins v. Indus. Comm., 2005-Ohio-1827.
Franklin App. No. 03AP-444, 2004-Ohio-1058. Judgment affirmed.
Moyer, C.J., Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Resnick and Pfeifer, JJ., dissent and would reverse the judgment of the court of appeals.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-1827.pdf

2004-0851. Asset Acceptance LLC v. Mack, 2005-Ohio-1829.
Ashland App. No. 03COA055, 2004-Ohio-1282. 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-1829.pdf
Summary: Court Rules Interest on Reinstated Judgment Continued To Accrue While Claim Was ‘Dormant’

2004-1135. Bentley v. Pendleton, 2005-Ohio-1824.
Pike App. No. 03CA722, 2004-Ohio-3848. Judgment reversed and cause remanded.
Moyer, C.J., Resnick, Pfeifer, O'Connor and O'Donnell, JJ., concur.
Lundberg Stratton and Lanzinger, JJ., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-1824.pdf

2004-1807. Akron Bar Assn. v. Gatskie, 2005-Ohio-1828.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 03-102. James M. Gatskie, Sr., Attorney Registration No. 0024727, is suspended from the practice of law in Ohio for six months, stayed on conditions.
Resnick, Pfeifer, Lundberg Stratton, O'Donnell and Lanzinger, JJ., concur.
Moyer, C.J., and O'Connor, J., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-1828.pdf

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Wednesday, May 04, 2005

New Bill Introductions - 5/3/2005

SB 138 ROAD RAGE (Grendell) To provide that if a person is convicted of committing a state motor vehicle moving violation immediately after initiating a road rage incident, the moving violation is at least a fourth-degree misdemeanor and the court must, in addition, fine the person at least $100 and require the person to attend a road rage abatement seminar, and to require remedial driving courses to be taken in person. Am. & En. 4510.037, 4510.038, 4511.86 & 4511.861 Full Text

SB 139 PRECINCT OFFICERS (Stivers) To permit a board of elections, in conjunction with a board of education, the governing authority of a community school, or the chief administrator of a nonpublic school, to establish a program permitting certain high school seniors to serve as precinct officers on the day of an election, and to permit a board of elections to establish such a program for home-instructed students who are in the equivalent of the twelfth year of a one through twelve year instructional program. Am. 3501.22 & 3501.27 Full Text

SB 140 COVENANT MARRIAGE (Hottinger) Relative to covenant marriages. Am. & En. 2101.12, 2101.16, 2101.24, 3101.05, 3101.13, 3101.99, 3103.06, 3105.01, 3105.08, 3105.091, 3105.10, 3105.17, 3105.171, 3105.01, 3105.18, 3105.31, 3105.61, 3105.62, 3105.64, 3105.65, 3107.03, 3705.21, 3705.24, 109.021, 2101.241, 3101.20, 3101.23, 3101.26, 3101.29, 3105.012, 3105.092 & 3105.172 Full Text

SB 141 DUI SUSPENSIONS (Hottinger) To increase the administrative license suspension periods for persons who are arrested for OVI and refuse a request of a law enforcement officer to consent to a chemical test of the person's whole blood, blood serum or plasma, breath, or urine to determine its alcohol content. Am. 4510.13 & 4511.191 Full Text

SCR 16 SCHRECKENGOST DAY (Spada) To recognize June 26, 2006 as "Victor Schreckengost Day." Full Text

HB 229 SCHOOL ADMINISTRATORS (Faber) To authorize two or more school districts and educational service centers to jointly employ the same administrator. En. 3319.06 Full Text

HB 230 MILITARY BENEFITS (Ujvagi) To prohibit discrimination under the Ohio Civil Rights Commission Law and certain other laws on the basis of military status; to establish a voluntary, state-sponsored "patriot discount card" program to provide reduced price discounts for merchandise and services for military personnel; to authorize state agencies to make their interactive video teleconference facilities available at cost to the immediate families of persons deployed on active duty; to exempt from taxation the compensation received by members of the Ohio organized militia for active duty state service related to the effort to combat terrorism within the state; to grant to a service member serving outside the United States in a contingency operation the same extension of deadlines for filing tax returns and making payments under the Taxation Law that is currently granted service members serving in a combat zone; to ease restrictions on the authority of public employers to reemploy retired employees in order to fill a staffing need resulting from an employee being called to active duty; to permit taxpayers to use their income tax returns to make contributions to the family members of active duty military personnel; to require the Adjutant General to reimburse active duty members of the Ohio National Guard for premiums the members pay for federal servicemembers' group life insurance; to require the Attorney General to appoint a staff member of the Consumer Protection Division to expedite certain cases or issues raised by a person, or the person's immediate family, who is deployed on active duty; to eliminate the sales and use tax exemption for investment metal bullion and investment coins in order to provide college tuition waivers to spouses and qualifying former spouses of members of the United States armed forces killed in the line of duty in a combat zone after May 7, 1975; to provide a $50,000 death benefit to active duty members of the Ohio National Guard; to make an appropriation; and to declare an emergency. Am. & En. 124.93, 125.111, 145.38, 153.59, 153.591, 169.05, 176.04, 176.06, 717.01, 742.26, 1517.11, 1531.26, 1751.18, 2927.03, 2969.14, 3307.35, 3309.341, 3333.26, 3905.55, 4112.01, 4112.02, 4112.021, 4112.04, 4112.05, 4112.08, 4117.19, 4735.16, 4735.55, 5101.184, 5739.01, 5739.011, 5739.02, 5747.01, 5747.026, 5747.03, 5747.113, 5919.33, 125.024, 145.386, 742.261, 1349.04, 3307.354, 3309.346, 5902.20, 5902.26 & 5919.31 Full Text

HB 231 AIRPLANE LASERS (Mason) To prohibit a person from knowingly discharging a laser into the cockpit of an aircraft. Am. & En. 2909.21 & 2909.081 Full Text

HB 232 FERTILIZER SALES (Mason) To define "restricted fertilizer" and require that a distributor of a restricted fertilizer be registered with the Director of Agriculture, obtain identification from persons making purchases, and maintain specified records of sales. Am. & En. 905.31, 905.34, 905.99 & 905.341 Full Text

HB 233 BANK FEES (Coley) To authorize banks to charge the same interest and fees as banks in other states. Am. 1109.15 Full Text

HB 234 PRECINCT OFFICERS (Wolpert) To permit a board of elections, in conjunction with a board of education, the governing authority of a community school, or the chief administrator of a nonpublic school, to establish a program permitting certain high school seniors to serve as precinct officers on the day of an election, and to permit a board of elections to establish such a program for home-instructed students who are in the equivalent of the twelfth year of a one through twelve year instructional program. Am. 3501.22 & 3501.27 Full Text

HB 235 CORONER'S LAW (Wagner) To make changes to the Coroner's Law and associated provisions of the Death and Fetal Certificate Law, to require that the rules of the State Medical Board allow a coroner's investigator who is not a physician to recite facts permitting a physician to pronounce a person dead without a personal examination, and to remove the prohibition against a sheriff or coroner practicing as an attorney at law in a court. Am. & En. 9.36, 313.05, 313.10, 325.17, 3705.16, 3705.29, 3705.99, 4705.01, 4731.053 & 313.123 Full Text

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Columbus Voters Affirm Smoking Ban; Push Now On For Statewide Ban

An effort to exempt bars having 65% or more in alcohol sales from the Columbus smoking ban was drubbed at the polls yesterday by a count of 56% - 44%. A statewide push started yesterday with a petition drive involving 700 volunteers in 50 states. Ban proponents plan on garnering 100,000 signatures by November. About 6,000 signatures were collected yesterday. If a petition with enough valid signatures on it is received by the Ohio General Assembly, and the GA fails to act on it or tries to modify it, the SmokeFree Coalition will go to Ohio voters with a November 2006 ballot issue.

The above was pieced together from stories in the 5/4/2005 Columbus Dispatch.

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Tuesday, May 03, 2005

Supreme Court of Ohio Case Announcements and Administrative Actions

Here's the link.

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Interesting Take on Ohio Abortion Bill

Here is the bill info:

HB 228 ABORTION To prohibit abortions in this state, to increase the penalties for the offenses of unlawful abortion, unlawful distribution of an abortion-inducing drug, and abortion trafficking, to enact the offense of facilitating an abortion, and to make conforming changes in related provisions. Am. & Rep. 124.85, 149.43, 2151.421, 2305.11, 2307.46, 2307.52, 2307.53, 2317.56, 2505.02, 2901.01, 2903.09, 2919.12, 2919.123, 2919.13, 2919.14, 2919.24, 2950.03, 3701.341, 4112.01, 4731.22, 4731.91, 5101.55, 2151.85, 2505.073, 2919.121, 2919.122, 2919.151, 2919.16, 2919.17, & 2919.18 Full Text

The Statehouse News Bureau has an audio interview with various interested constituencies (Real Media format). The sponsors of the bill know that it is currently unconstitutional but are hoping for a 3-4 year appeal process before it would go to a revamped United States Supreme Court more amenable to overturning Rode v. Wade. Pro-choice activists are outraged. A real contentious part of the bill would make it a felony to transport a person over state lines for the purpose of getting an abortion. The sponsor of the bill compares the latter to a state's interest in preventing citizens from going to, say Kentucky, and buying cigarettes for the purpose of bringing them back to Ohio. The Right To Life Society has not signed on to the plan, but feels that legislation stating that Ohio discourages abortion and blocks cities from paying for abortions for government workers would be more appropriate.

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Interesting Take on Ohio Abortion Bill

Here is the bill info:

HB 228 ABORTION To prohibit abortions in this state, to increase the penalties for the offenses of unlawful abortion, unlawful distribution of an abortion-inducing drug, and abortion trafficking, to enact the offense of facilitating an abortion, and to make conforming changes in related provisions. Am. & Rep. 124.85, 149.43, 2151.421, 2305.11, 2307.46, 2307.52, 2307.53, 2317.56, 2505.02, 2901.01, 2903.09, 2919.12, 2919.123, 2919.13, 2919.14, 2919.24, 2950.03, 3701.341, 4112.01, 4731.22, 4731.91, 5101.55, 2151.85, 2505.073, 2919.121, 2919.122, 2919.151, 2919.16, 2919.17, & 2919.18 Full Text

The Statehouse News Bureau has an audio interview with various interested constituencies (Real Media format). The sponsors of the bill know that it is currently unconstitutional but are hoping for a 3-4 year appeal process before it would go to a revamped United States Supreme Court more amenable to overturning Rode v. Wade. Pro-choice activists are outraged. A real contentious part of the bill would make it a felony to transport a person over state lines for the purpose of getting an abortion. The sponsor of the bill compares the latter to a state's interest in preventing citizens from going to, say Kentucky, and buying cigarettes for the purpose of bringing them back to Ohio. The Right To Life Society has not signed on to the plan, but feels that legislation stating that Ohio discourages abortion and blocks cities from paying for abortions for government workers would be more appropriate.

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Interesting Take on Ohio Abortion Bill

Here is the bill info:

HB 228 ABORTION To prohibit abortions in this state, to increase the penalties for the offenses of unlawful abortion, unlawful distribution of an abortion-inducing drug, and abortion trafficking, to enact the offense of facilitating an abortion, and to make conforming changes in related provisions. Am. & Rep. 124.85, 149.43, 2151.421, 2305.11, 2307.46, 2307.52, 2307.53, 2317.56, 2505.02, 2901.01, 2903.09, 2919.12, 2919.123, 2919.13, 2919.14, 2919.24, 2950.03, 3701.341, 4112.01, 4731.22, 4731.91, 5101.55, 2151.85, 2505.073, 2919.121, 2919.122, 2919.151, 2919.16, 2919.17, & 2919.18 Full Text

The Statehouse News Bureau has an audio interview with various interested constituencies (Real Media format). The sponsors of the bill know that it is currently unconstitutional but are hoping for a 3-4 year appeal process before it would go to a revamped United States Supreme Court more amenable to overturning Rode v. Wade. Pro-choice activists are outraged. A real contentious part of the bill would make it a felony to transport a person over state lines for the purpose of getting an abortion. The sponsor of the bill compares the latter to a state's interest in preventing citizens from going to, say Kentucky, and buying cigarettes for the purpose of bringing them back to Ohio. The Right To Life Society has not signed on to the plan, but feels that legislation stating that Ohio discourages abortion and blocks cities from paying for abortions for government workers would be more appropriate.

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Ohio Court of Claims Decisions

A number of cases decided in April were posted on the Supreme Court of Ohio's web site on 5/2/2005. Case info is below. For full text, click here, then use the drop down menu to choose the Court of Claims.

Downs v. Ohio Dept. of Transp. 2004-01915-AD
Automobile damage, roadway repair. No notice. No evidence of nuisance.
Burden of proof, duty of care. Judgment for defendant.

Shank v. Dept. of Transp. 2005-01633-AD
Automobile damage, road reflector. No notice. Burden of proof, duty of care.
Judgment for defendant.

Kline v. Ohio Dept. of Transp. 2005-01595-AD
Automobile damage, pothole. No notice. Burden of proof, duty of care.
Judgment for defendant.

Sexton v. Ohio Dept. of Transp., Dist. 8 2005-01544-AD
Automobile damage, pothole. Incident site not in maintenance jurisdiction of defendant.
Case dismissed.

Heller v. Ohio Dept. of Transp. 2005-01528-AD
Automobile damage, pothole. No notice. Burden of proof, duty of care.
Judgment for defendant.

Picciano v. Dept. of Transp. 2005-01439-AD
Automobile damage, pothole. No notice. Burden of proof, duty of care.
Judgment for defendant.

Clarke v. Ohio Dept. of Transp., Dist. 3 2005-01269-AD
Motorcycle damage, debris. No notice. Burden of proof, duty of care.
Judgment for defendant.

Faulk v. Richland Correctional Inst. 2005-01137-Ad
Failure to submit filing fee or poverty statement documentation.
Case dismissed without prejudice.

Nyeste v. Ohio Dept. of Transp. 2005-01021-AD
Automobile damage, pothole. No notice. Burden of proof, duty of care.
Judgment for defendant.

Cargile v. S. Ohio Correctional Inst. 2004-11023-AD
Inmate property loss, bailment. Admission of liability and damages in
an agreed upon amount. Judgment for plaintiff.

Hanlin v. Ohio Dept. of Transp. 2004-10582-AD
Automobile damage, debris from hillside adjacent to roadway. No notice.
Burden of proof, duty of care. Judgment for defendant.

Marcum v. Ohio Dept. of Transp. 2004-10507-AD
Automobile damage, traffic control barrel. No notice. Burden of proof, duty of care.
Judgment for defendant.

Quigley v. Ohio Dept. of Transp. 2004-10132-AD
Automobile damage, line painting. Third party recovery. Case dismissed.

Cooper v. Ohio State Highway Patrol 2004-10124-AD
Automobile damage, canine search. Burden of proof, duty of care.
Judgment for defendant.

Mitchell v. Chillicothe Correctional Inst. 2004-10001-AD
Inmate property loss, external transfer. Failure to prove ownership of some property.
Burden of proof, duty of care. Judgment for defendant.

Qualls v. Ohio Dept. of Transp. 2004-09622-AD
Recovery from a third party. Case dismissed.

Hibbler v. Ohio Dept. of Transp. 2004-09487-AD
Automobile damage, construction zone. Road construction not delegable to third party.
No notice. Burden of proof, duty of care. Judgment for defendant.

Ramirez v. Ohio State Highway Patrol 2004-09444-AD
Personal property damage. Traffic stop and subsequent search of vehicle.
Burden of proof, duty of care. Judgment for defendant.

Smith v. Bureau of Motor Vehicles 2004-04957-AD
Driver’s license allegedly erroneously suspended.
Evidence established license suspension was warranted. Burden of proof, duty of care.
Judgment for defendant.

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Ohio Board of Tax Appeals Decision

MERIT DOCKET

2003-R-1303 S.A.R.B.G. Delaware, Ltd. v. Delaware County Board of Revision, Delaware County Auditor, and Delaware City Schools Board of Education. Real Property Tax. Value found. Mr. Eberhart and Mr. Dunlap concur. Ms. Margulies, not participating.

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New Ohio AG Opinions

These are dated 4/29/2005. I have included parts of the syllabus for each. Click on the link for full text:

SYLLABUS: 2005-017
1. For purposes of R.C. 731.21, in order for a newspaper to be a “political
newspaper,” the newspaper must profess to be a newspaper of a particular
political party or have an established allegiance to a particular political
party.
2. R.C. 504.12 requires that the resolutions adopted by a limited home rule
township under its limited home rule powers be published in accordance
with the provisions of R.C. 731.21, R.C. 731.22, R.C. 731.24, R.C.
731.25, and R.C. 731.26, which establish publication procedures to be
followed by municipal corporations, except that such resolutions “shall be
published in newspapers circulating within the township,” and in
accordance with the provisions of R.C. 7.12 that do not conflict with R.C.
731.21.

SYLLABUS: 2005-018
1. At the time a Brown County Municipal Court assistant clerk is terminated
from that position, she “separates” from service for purposes of R.C.
325.19, even though she is immediately hired by the judge of the Brown
County Municipal Court as the court’s assignment commissioner. R.C.
325.19(C) requires the Brown County Clerk of Courts to pay the
employee, at the time of separation, “for the prorated portion of any
earned but unused vacation leave for the current year to the employee’s
credit at time of separation, and … for any unused vacation leave accrued
to the employee’s credit, with the permission of the appointing authority,
for the three years immediately preceding the last anniversary date of
employment.” At the time this employee terminates her employment as
the Brown County Municipal Court’s assignment commissioner in order
to return to her former position as assistant clerk of that court, the
employee “separates” from service for purposes of R.C. 325.19, and at
such time must be paid, in accordance with the terms of R.C. 325.19(C),
for unused vacation leave earned in her position as assignment
commissioner.

SYLLABUS: 2005-019
A board of county commissioners is not authorized by R.C. 307.93(D) or R.C.
2929.37(A) to adopt a policy that requires a convicted offender serving in a local
detention facility to repay the county for the costs it incurred as a result of his
confinement in the facility prior to the commencement of his sentence.


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Monday, May 02, 2005

Supreme Court of Ohio Case Annoucnements and Administrative Actions - 5/2/2005

Here is the link.

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Children, Families, and the Courts - Ohio Bulletin

Not exactly sure when this was posted to the Supreme Court of Ohio's web site, but the Winter 2005 bulletin's article is entitled:

The Effect of MEPA-IEP Legislation in Ohio:
A Guide to the Multiethnic Placement Act of 1994
as Amended by the Interethnic Adoption Provisions of 1996

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