Ohio Law

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

Thursday, June 30, 2005

Supreme Court of Ohio Case Announcements and Administrative Actions

Here is the link. Today's posting is rather long due to the inclusion of a list of persons who are taking the July Bar Examination.

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Wednesday, June 29, 2005

Ohio Board of Tax Appeals Decisions - 6/24/2005

MERIT DOCKET

2004-R-484 Stepleton & Ruble Steel, Inc. v. William W. Wilkins, Tax Commissioner of Ohio. Sales Tax. Dismissed--lack of jurisdiction. Board members concur.

2004-J-534 Cynthia Jayne Welce v. Columbiana County Board of Revision and Columbiana County Auditor. Real Property Tax. Dismissed--lack of jurisdiction. Board members concur.

2004-G-650 Vicki Devol v. Hocking County Board of Revision and Hocking County Auditor. Real Property Tax. Remanded with instructions. Board members concur.

2004-G-652 Clara Jane Devol v. Hocking County Board of Revision and Hocking County Auditor. Real Property Tax. Remanded with instructions. Board members concur.

2004-T-674 Patricia and Michael Hickman v. Licking County Board of Revision and the Licking County Auditor. Real Property Tax CAUV. BOR affirmed in part and reversed in part. Board members concur.

2004-B-778 Norval L. DePaul v. Montgomery County Board of Revision and the Montgomery County Auditor. Real Property Tax. Value found. Board members concur.

2004-J-804 Casey Jones, Jr. v. Montgomery County Board of Revision and Montgomery County Auditor. Real Property Tax. Value found. Board members concur.

2004-A-1033 Joe Smith v. Montgomery County Board of Revision and Montgomery County Auditor. Real Property Tax. Value found. Board members concur.

2004-G-1062 Neon Expressions, Inc. v. William W. Wilkins, Tax Commissioner of Ohio. Corporate Franchise Tax. Dismissed--lack of jurisdiction. Board members concur.

2005-B-27 Brett A. Baldwin V. Cuyahoga County Board of Revision and the Cuyahoga County Auditor. Real Property Tax. Dismissed--lack of jurisdiction. Board members concur.

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New Bill Introductions

SB 158 FAILURE TO YIELD (Wilson) To provide for increased penalties when a person violates the motor vehicle traffic law assured clear distance ahead provision or commits a failure to yield the right-of-way offense that results in serious physical harm or death to another person. Am. & En. 4510.02, 4510.036, 4511.21, 4511.33, 4511.41, 4511.42, 4511.43, 4511.431, 4511.44, 4511.441, 4511.45, 4511.451, 4511.46, 4511.47, 4513.39 & 4501.14 Full Text

HB 306 WINE SALES (Seitz) To revise the statutes governing the termination of manufacturers' franchise agreements with wine distributors, to eliminate the Liquor Control Commission's authority to set minimum mark-ups on wholesale wine sales and to fix minimum prices on wholesale wine sales, to prohibit volume and quantity discounting for the purpose of assisting the wholesale or retail sale of beer or intoxicating liquor, to allow wine distributors and wine retailers a maximum of thirty days of credit when purchasing wine, and to create the Wholesale Wine Distribution Study Committee. Am. 1333.84, 1333.85, 4301.13, & 4301.24 Full Text

HB 307 DRUG-FREE WORKPLACE POLICY (Hartnett) To prohibit the acceptance of a bid for a state purchasing or public improvement contract over $50,000 unless the submitting contractor has an acceptable drug-free workplace policy in place. En. 125.80 & 153.72 Full Text

HB 308 OIL & GAS WELL PERMITS (Williams) To establish additional public notice and public meeting requirements concerning applications for certain permits for oil or gas wells. Am. 1509.06, 1509.072 & 1509.31 Full Text

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Supreme Court of Ohio Decision - 6/29/2005

Wednesday, June 29, 2005

2004-0701. State ex rel. Stacy v. Batavia Local School Dist. Bd. of Edn., 2005-Ohio-2974.
Clermont App. No. CA2000-10-077, 157 Ohio App.3d 34, 2004-Ohio-2067. Judgment affirmed in part and reversed in part.
Moyer, C.J., O'Connor, O'Donnell and Lanzinger, JJ., concur.
Resnick, Pfeifer and Lundberg Stratton, JJ., concur in part and dissent in part.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-2974.pdf

Mandamus — Back pay — Duty to mitigate — Employee whose position was eliminated in violation of statute entitled to back pay that is not offset by Social Security benefits — SERS pension benefits must offset back-pay award — Attorney fees not recoverable in mandamus action.

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Monday, June 27, 2005

Supreme Court of Ohio Case Announcements and Administrative Actions - 6/27/2005

Here is the link.

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