Ohio Law

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

Thursday, August 04, 2005

New Bill Would Restrict Eminent Domain Powers

Ohio state lawmakers, not content with proposing a change to the Ohio Constitution that would make General Assembly approval necessary for eminent domain actions, have introduced SB 167. This bill would impose a two-year moratorium on eminent domain actions by state agencies and local governments. During the period that runs until December 31, 2006, a task force created by the bill would study eminent domain and land use planning issues.

The bill also makes it clear that it is referring to eminent domain actions in which private property that is in an unblighted area ia taken for the primary purpose of economic development that will ultimately result in ownership of the property being vested in another private person.

Later


Ohio General Assembly - New Bill Introductions

SB 165 INSURANCE COMPANY CERTIFICATION (Brady) To require the Superintendent of Insurance to issue certificates of compliance to insurance companies authorized to do business in this state but not incorporated under the laws of the state, to require these insurance companies to publish the certificates of compliance in every county where the companies have agencies, and to require all insurance companies licensed to transact business in this state to notify the Superintendent if the insurance company is disciplined in another state. Am. 3901.78 and En. 3901.41, 3901.781, 3901.782, 3901.783 & 3901.784 Full Text

SB 166 STATE INVESTMENT CONTRACTS (Grendell) To require the Attorney General to review state contracts that will obtain services or invest funds. En. 109.123 Full Text

SB 167 EMINENT DOMAIN MORATORIUM (Grendell) To establish, until December 31, 2006, a moratorium on the use of eminent domain by any entity of the state government or any political subdivision of the state to take, without the owner's consent, private property that is in an unblighted area when the primary purpose for the taking is economic development that will ultimately result in ownership of the property being vested in another private person, to create the Legislative Task Force to Study Eminent Domain and Its Impact on Land Use Planning in the State, and to declare an emergency. Full Text

SB 168 ETHICS LAW VIOLATIONS (Grendell) To prohibit current or former state officials or employees who are convicted of ethics law violations from serving as legislative agents or executive agency lobbyists, and from being appointed as members of state boards, commissions, authorities, and other instrumentalities, for a period of five years, if the violation is a misdemeanor, or forever, if the violation is a felony. En. 102.991 & 2921.47 Full Text

HB 320 SCHOOL EMPLOYEES RETIREMENT FUND (Schneider) With regard to the law governing the School Employees Retirement System. Am. 3305.06, 3309.07, 3309.21, 3309.44, 3309.47, 3309.50, 3309.81 & 3309.88 and En. 3309.69 & 3309.474 and Rep. 3309.375 & 3309.69. Full Text

HB 321 COMMUNITY SCHOOL MORATORIUM (Healy) To place a moratorium on the establishment of new community schools between May 1, 2005, and six months after this act's effective date and to declare an emergency. Full Text

HB 322 SCHOOL INCOME TAXES (Raussen) To authorize school districts to enter into agreements with the Department of Taxation or other entities for the collection and administration of school district income taxes. Am. 5747.021, 5747.03, 5747.112, 5748.03, 5748.06 & 5748.08 and En. 5748.11, 5748.12, 5748.13, 5748.14, 5748.15 & 5748.16. Full Text

HCR 20 STATE RETIREMENT SYSTEMS (Schneider) To memorialize the Congress to reject any legislation that requires Social Security coverage for members of any of Ohio's five state retirement systems. Full Text

HCR 22 INFRASTRUCTURE DEVELOPMENT (Barrett) To memorialize the Congress to protect domestic auto manufacturers and to create a federal infrastructure development program to foster employment growth. Full Text

Later


Wednesday, August 03, 2005

Ohio General Assembly Attempting to Fight the Effects of Recent U.S. Supreme Court Decision

In Kelo v. City of New London, the United States Supreme Court held that the city could take private property by eminent domain for the "public use" of getting more tax dollars from the new tenants. The State of Ohio's General Assembly is attempting to combat such takings with the introduction of Senate Joint Resolution 6 (look on page 2 of the Journal for 8/2/2005). It proposes to amend Sections 3, 4, 10 and 11 of Article XVIII of the Constitution of the State of Ohio to eliminate the constitutional grant of eminent domain power to municipal corporations and to provide that the power only can be used when authority has been granted by the General Assembly.

Stay tuned for more action (or inaction) on this one.

Later

NOTE: The above link to SJR6 is only to the Senate Journal entry and not the complete text. The text can be found here, but it may be a subscriber-only link.

8/3/2005 - Supreme Court of Ohio Decisions

Wednesday, Aug. 3, 2005

2004-0244. SCM Chem., Inc. v. Wilkins, 2005-Ohio-3676.
Board of Tax Appeals, No. 2002-M-319. Decision affirmed in part and reversed in part.
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-3676.pdf
Summary: Tax Commissioner May Not Consider Property Tax Rebate if Application Filed After Statutory Deadline

2004-2052. State ex rel. Sagert v. Indus. Comm., 2005-Ohio-3670.
Franklin App. No. 03AP-1083, 2004-Ohio-6122. Judgment reversed.
Moyer, C.J., Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Resnick and Pfeifer, JJ., dissent and would affirm the judgment of the court of appeals.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-3670.pdf
Workers’ compensation—R.C. 4123.52—Limit on retroactive payment of compensation for permanent total disability.

2004-2072. Disciplinary Counsel v. MacLean, 2005-Ohio-3672.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 03-107. Timothy M. MacLean, Attorney Registration No. 0069346, is suspended from the practice of law in Ohio for two years, with credit for time actually served under a previous suspension.
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-3672.pdf
Attorneys — Misconduct — Engaging in practice of law while under suspension — Engaging in conduct prejudicial to administration of justice — Practicing law in violation of professional regulation — Two-year suspension with credit for time served.

2004-2115. Disciplinary Counsel v. Ulinski, 2005-Ohio-3673.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-001. Christopher Karl Ulinski, Attorney Registration No. 0046731, is permanently disbarred from the practice of law in Ohio.
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-3673.pdf
Summary: Akron Lawyer Disbarred
Attorneys — Misconduct — Engaging in conduct involving moral turpitude — Engaging in conduct involving deceit, fraud, misrepresentation, or dishonesty — Engaging in conduct adversely reflecting on fitness to practice law — Conflict of interest — Failure to maintain client funds in separate, identifiable account — Permanent disbarment.

2005-0017. State ex rel. Duran v. Kelsey, 2005-Ohio-3674.
Wood App. No. WD-04-077, 2004-Ohio-6464. Judgment affirmed.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor and O'Donnell, JJ., concur.
Lanzinger, J., not participating.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-3674.pdf
Sentencing — Plea bargaining — Recommendation of sentence by prosecutor not binding on court.

2005-0125. State ex rel. Washington v. Crush, 2005-Ohio-3675.
Hamilton App. No. C-040670. 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-3675.pdf
Mandamus — Reconsideration motion under App.R. 26(A) is a nullity when petition filed originally in court of appeals.

2005-0255. State ex rel. Keith v. McMonagle, 2005-Ohio-3669.
Cuyahoga App. No. 83961. 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-3669.pdf
Mandamus — Mandamus does not lie to compel act already performed — Claim of improper assignment of judge could have been raised in direct appeal — Parties may be dropped or added by court on its own motion.

2005-0267. State ex rel. Graham v. Findlay Mun. Court, 2005-Ohio-3671.
Hancock App. No. 5-04-43 . 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-3671.pdf
R.C. 2969.25(A)(1) — Inmate’s affidavit of indigency — Inmate’s failure to include brief description of nature of action subjects action to dismissal.

Later


Tuesday, August 02, 2005

Ohio Board of Tax Appeals Decisions Released 7/29/2005

MERIT DOCKET

2003-P-1175 Richard E. Fields v. Summit County Board of Revision and the Summit County Auditor. Real Property Tax. Value found. Board members concur.

2003-R-1830 Central National Bank of Cambridge v. Guernsey County Board of Revision, Guernsey County Auditor, and Board of Education for the Cambridge City School District. Real Property Tax. Value found. Board members concur.

2004-V-177 Stephen R. Lilley v. William W. Wilkins, Tax Commissioner of Ohio. Use Tax. Dismissed. Board members concur.

2004-M-469 Jeffrey & Kateri Vaughn v. Erie County Board of Revision and the Erie County Auditor. Real Property Tax. Value found. Board members concur.

2004-T-892 Parma City School District Board of Education v. Cuyahoga County Board of Revision, Cuyahoga County Auditor, and Chuco LLC. Real Property Tax. Value found. Board members concur.

2004-B-919 Thady Gaffney Enterprises, Inc. v. Lake County Board of Revision, Lake County Auditor, and Willoughby-Eastlake School District Board of Education. Real Property Tax. Remanded. Board members concur.

2004-V-1070 Robert D. MacGowan and Douglas B. MacGowan v. Cuyahoga County Board of Revision, and the Cuyahoga County Auditor. Real Property Tax. Value found. Board members concur.

2004-P-1146 Bridgeview Villas II Ltd. Ptr. and Clark D. Baltzell, Mgr. Gen. Ptr. v. Franklin County Board of Revision, Franklin County Auditor, and the Columbus City School District Board of Education. Real Property Tax. Remanded. Board members concur.

2004-P-1147 Clark D. Baltzell d/b/a Cashumbal Ptr. v. Franklin County Board of Revision, Franklin County Auditor, and the Columbus City School District Board of Education. Real Property Tax. Remanded. Board members concur.

2004-P-1148 BZ Investors Partnership, Clark D. Baltzell, Mgr. Gen. Ptr. v. Franklin County Board of Revision, Franklin County Auditor, and the Columbus City School District Board of Education. Real Property Tax. Remanded. Board members concur.

2004-M-1157 Marek & Maria Fiszlewicz v. Montgomery County Board of Revision and the Montgomery County Auditor. Real Property Tax. Value found. Board members concur.

2004-R-1312 Columbus Cathedral Church v. William W. Wilkins, Tax Commissioner of Ohio. Real Property Tax Exemption. Dismissed. Board members concur.

2004-V-1392 Marlene & Robert Schiffer v. Cuyahoga County Board of Revision and the Cuyahoga County Auditor. Real Property Tax. BOR affirmed. Board members concur.

Later


New Ohio Attorney General Opinions Released

2005-028

SYLLABUS:
1. A board of county commissioners has no authority to impose upon a
juvenile court a charge for rental of space for the court’s operations,
whether such space is in the courthouse or in another county building.
2. A board of county commissioners has a duty to appropriate funds
requested by a juvenile court, so long as such funds are reasonable and
necessary to the court’s administration of its business, whether or not the
program for which such funds are requested is a “traditional” juvenile
court program.

2005-029

SYLLABUS:
1. A board of county commissioners or other county contracting authority
may not make personal contact with individual vendors to notify them of
specific bidding opportunities, where the contract at issue is statutorily
required to be competitively bid or the county is voluntarily using a
competitive bidding process.
2. A board of county commissioners or other county contracting authority
may develop a vendor notification list to publicize bidding opportunities,
so long as the county also complies with all statutory notice requirements.
3. A board of county commissioners has no authority to adopt a system of
preferences for county products and contractors.

2005-030

SYLLABUS:
1. Prisoners are included in the population of the municipal corporation
where they are incarcerated for purposes of determining the percentage of
a county’s population residing in municipal corporations, and the cap on a
county’s share in the undivided local government fund pursuant to R.C.
5747.51(H) and the undivided local government revenue assistance fund
pursuant to R.C. 5747.62(H).
2. When the boundaries of a municipal corporation and township overlap, the
inhabitants of the overlapping territory are considered to be municipal
residents for purposes of determining the percentage of a county’s
population residing in municipal corporations, and the cap on a county’s
share in the undivided local government fund pursuant to R.C. 5747.51(H)
and the undivided local government revenue assistance fund pursuant to
R.C. 5747.62(H).

Later

Ohio General Assembly New Bill Introductions

SJR 6 EMINENT DOMAIN (Coughlin) Proposing to amend Sections 3, 4, 10 and 11 of Article XVIII of the Constitution of the State of Ohio to eliminate the constitutional grant of eminent domain power to municipal corporations and to provide that the power only can be used when authority has been granted by the General Assembly. Full Text

SB 164 STUDENT MEDICINES (Schuring) Permits students of school districts, community schools, and chartered nonpublic schools to carry epinephrine medication approved by the students' physicians and parents, and to grant immunity to school districts, community schools, and chartered nonpublic schools and their employees for good faith actions in connection with this permission. Am. 3313.64 and En. 3313.718 Full Text

Later



Supreme Court of Ohio Case Announcements and Administrative Actions - 8/2/2005

Here is the link.

Later

Monday, August 01, 2005

New Bill Introductions

SB 162 MORTGAGE BROKERS/LENDERS (Roberts) Relating to civil penalties and advertisement requirements of licensed mortgage lenders; the application and civil penalties of the Mortgage Broker Law and duties and advertisements of mortgage brokers; the application of the Consumer Sales Practices Act relating to unfair and deceptive acts; the application, prohibitions and civil penalties of the Consumer Credit Mortgage Loan Law and specifications about loans regulated under this law; and to enact consumer protection laws relating to mortgages. Am. & En. 1321.56, 1321.60, 1322.02, 1322.08, 1322.09, 1322.11, 1345.01, 1349.25, 1349.27, 1349.29, 1349.32 & 1349.39 Full Text

SB 163 BICYCLE HELMETS (Roberts) To require bicycle operators and passengers under 18 years of age to wear protective helmets when the bicycle is operated on a roadway and to establish the Bicycle Safety Fund to be used by the Department of Public Safety to assist low-income families in the purchase of bicycle helmets. En. 4511.531 Full Text

HJR 9 REDISTRICTING LIMIT (DeWine) Proposing to enact Section 16 of Article XI of the Constitution of the State of Ohio to limit to each year ending in the numeral one the time at which apportionment or redistricting of the state for General Assembly and congressional districts may be conducted, unless the currently applicable apportionment or redistricting plan is determined to be invalid by either the Supreme Court of Ohio or the Supreme Court of the United States. Full Text

HB 318 SEX OFFENDERS (Combs) Requires that, unless the offender is sentenced to death, every convicted offender who is sentenced as a sexually violent predator under the Sexually Violent Predator Sentencing Law be sentenced to a term of life imprisonment without parole. Am. 109.42, 2921.34, 2929.01, 2930.16, 2953.08, 2967.12, 2967.121, 2967.18, 2967.193, 2967.26, 2971.01, 2971.03, 2971.04, 2971.05, 2971.06, 2971.07, 5120.49, 5120.61 & 5149.10 Full Text

HB 319 VOTER RESIDENCY (Trakas) Permits a person with multiple habitations to select one as the person's residence for the purpose of elections. Am. 3503.02 Full Text

Later


Supreme Court of Ohio Case Announcements and Administrative Actions - 8/1/2005

Here is the link.

Later