Ohio Law

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

Friday, October 07, 2005

10/7/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

MOTION AND PROCEDURAL RULINGS

2004-1809. State v. Sims.
Hamilton App. No. C-030722.
This cause came on for further consideration upon the filing
of appellant's motion for relief from judgment. Upon consideration
thereof,
IT IS ORDERED by the court that the motion is denied.

RECONSIDERATION OF PRIOR DECISIONS

2005-1622. State ex rel. Oberlin Citizens for Responsible Dev. v. Talarico.
In Mandamus. Reported at ___ Ohio St.3d ___, 2005-Ohio-5061, ___ N.E.2d ___.
On motion for reconsideration. Motion denied.
Pfeifer, J., dissents.

MEDIATION REFERRALS
The following case has been referred to mediation pursuant to S.Ct.Prac.R.
XIV(6):

2005-1862. Ameritech Publishing, Inc. v. Wilkins.
Board of Tax Appeals, No. 2003-V-698.

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Thursday, October 06, 2005

Ohio General Assembly Latest Bill Introductions

SB 194 INVESTIGATORY COMMITTEES (Dann) To provide for the appointment by the General Assembly of joint select investigatory committees comprised of equal, bipartisan membership to investigate misconduct allegedly committed by a state officer or employee or allegedly directly affecting the state and to provide a transactional immunity for a person who testifies before the committee if the person asserts a right to not testify and is compelled to testify. Am. & En. 101.44 & 101.40 Full Text

SB 195 LEGISLATIVE TESTIMONY (Dann) To provide that unless a House or Senate committee by two-thirds vote decides otherwise, the testimony of a witness examined before a committee or subcommittee may be used in a criminal proceeding against the witness. Am. 101.44 Full Text

SB 196 LAKE ERIE DRILLING (Brady) To ban the taking or removal of oil or natural gas from and under the bed of Lake Erie. Am. 1505.07 Full Text

HB 367 WILDLIFE FUNDS (Calvert) To exempt the Division of Wildlife from making payments into the Department of Natural Resources' Central Support Indirect Fund. Full Text

HB 368 MINORS/DANCE HALLS (Wolpert) To remove the prohibition against a minor being in a public dance hall unless accompanied by a parent or legal guardian. Am. 4399.14 Full Text

HB 369 FINANCIAL DISCLOSURE STATEMENTS (Driehaus) To require that members of the board of trustees of a regional transit authority, members of a metropolitan housing authority, and the CEO of both types of authorities file annual financial disclosure statements with the Ohio Ethics Commission. Am. 102.02 Full Text

HB 370 ANTIFREEZE CONTENTS (Skindell) To require the inclusion of a bittering agent in engine coolant and antifreeze. Am. & En. 901.99 & 901.90 Full Text

HB 371 FUEL PRODUCTION (Buehrer) To create the Fuel Production Task Force to study opportunities for and barriers to increasing fuel production in this state and to declare an emergency. Full Text

HCR 26 GAS TAX SUSPENSION (Hartnett) To memorialize the Congress of the United States to suspend collection of the federal gasoline tax for 90 days. Full Text

HCR 27 TERRORISM INSURANCE (Smith, G.) To urge Congress to extend the Terrorism Risk Insurance Act of 2002. Full Text

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Ohio Senate Votes to Freeze Eminent Domain Proceedings

The Ohio Senate, reacting to a June U.S. Supreme Court decision (Kelo v. City of New London), voted to freeze, at least temporarily, local governments' ability to take private property for economic development purposes through eminent domain. The 29-0 vote pushed the matter (SB 167) to the House, where it is hoped it will receive prompt consideration. If enacted, the measure would impose a moratorium on such takings until lawmakers can study the issue more thoroughly.

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10/6/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

MOTION AND PROCEDURAL RULINGS

1995-2572. State v. Williams.
Summit App. No. 16418.

By entry filed July 13, 2005, this court ordered that
appellant’s sentence be carried into execution on Tuesday, October 25, 2005.
In order to facilitate this court’s timely consideration of any matters relating
to the execution of appellant’s sentence,
IT IS ORDERED by the court that the Chief Justice may suspend
application of any provisions of the Rules of Practice of the Supreme Court,
including, but not limited to, the filing requirements imposed by S.Ct.Prac.R.
XIV(1).
IT IS FURTHER ORDERED by the court that service of documents as
required by S.Ct.Prac.R. XIV(2), shall be personal or by facsimile transmission.
IT IS FURTHER ORDERED by the court that counsel of record for the
parties shall supply this court with a copy of any document relating to this
matter that is filed in, or issued by, any other court in this state or any
federal court, as well as any commutation, pardon, or warrant of reprieve
issued by the Governor.
A copy of the document shall be delivered to the Office of the Clerk as soon as
possible, either personally or by facsimile transmission.

2005-1210. Norwood v. Horney.
Hamilton App. No. C-040683, 161 Ohio App.3d 316, 2005-Ohio-2448.
This causeis pending before the court as a discretionary appeal. Upon
consideration of the motion to withdraw the jurisdictional memorandum
filed by amicus curiae the Buckeye Institute for Public Policy Solutions,
IT IS ORDERED by the court that the motion is granted.

2005-1211. Norwood v. Horney.

Hamilton App. No. C-040783, 161 Ohio App.3d 316, 2005-Ohio-2448.
This cause is pending before the court as a discretionary appeal. Upon
consideration of the motion to withdraw the jurisdictional memorandum
filed by amicus curiae the Buckeye Institute for Public Policy Solutions,
IT IS ORDERED by the court that the motion is granted.

2005-1656. State v. Davis.
Licking C.P. No. 04CR464.
This cause is pending before the court as a death
penalty appeal from the Court of Common Pleas of Licking County.
Upon consideration of the appellant's motion for stay of execution,
IT IS ORDERED by the court that the motion for stay is granted.

MISCELLANEOUS DISMISSALS

2005-1768. Anchor Properties, Inc. v. Ross Cty. Bd. of Elections.
In Prohibition. This cause originated in this court on the filing of a complaint
for a writ of prohibition involving an expedited election matter. It appears
from the records of this court that appellant has not filed a merit brief, due
October 3, 2005, in compliance with the Rules of Practice of the Supreme
Court and therefore has failed to prosecute this cause with the requisite
diligence. Upon consideration thereof,
IT IS ORDERED by the court that this cause is dismissed sua sponte.

MEDIATION REFERRALS

The following cases have been referred to mediation pursuant to
S.Ct.Prac.R. XIV(6):
2005-1684. State ex rel. Riley v. Indus. Comm.
Franklin App. No. 04AP-953, 2005-Ohio-4453.
2005-1795. State ex rel. Blair v. Indus. Comm.
Franklin App. No. 04AP-1134, 2005-Ohio-4351.
2005-1856. Dayton School Dist. Bd. of Edn. v. Montgomery Cty. Bd. of
Revision.
Board of Tax Appeals, No. 2004-V-76.

The following case has been returned to the regular docket pursuant to
S.Ct.Prac.R. XIV(6)(E):
2005-1384. State ex rel. Lakeview Local School Dist. Bd. of Edn. v. Trumbull
Cty. Bd. of Commrs.
In Mandamus.

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Wednesday, October 05, 2005

10/5/2005 - Supreme Court of Ohio Opinions

Wednesday, Oct. 5, 2005

2003-2168. Berea City School Dist. Bd. of Edn. v. Cuyahoga Cty. Bd. of Revision, 2005-Ohio-4979.
Board of Tax Appeals, Nos. 2003-J-143, 2003-J-144, and 2003-J-1150. Decision reversed and cause remanded.
Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Moyer, C.J., and Pfeifer, J., concur in judgment only.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-4979.pdf
Summary: Court Holds Recent Sale Price of Property Should Be Considered Actual Value for Taxation

2004-0261. Sandusky Dock Corp. v. Jones, 2005-Ohio-4982.
Franklin App. No. 03AP-98, 2003-Ohio-7027. 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-4982.pdf
Summary: EPA Permit Modification Requires Prior Review of Feasibility, Economic Reasonableness

2004-0304. Johnson v. Microsoft Corp., 2005-Ohio-4985.
Hamilton App. No. C-020564, 155 Ohio App.3d 626, 2003-Ohio-7153. Judgment affirmed.
Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Moyer, C.J., and Bryant, J., dissent.
Peggy Bryant, J., of the Tenth Appellate District, sitting for Pfeifer, J.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-4985.pdf
Summary: Indirect Purchaser of Product May Not Sue Manufacturer Under Ohio’s Antitrust Statute

2004-0594. Athens Cty. Aud. v. Wilkins, 2005-Ohio-4986.
Board of Tax Appeals, No. 2002-A-1152. Decision 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-4986.pdf

2005-0289. Columbus Bar Assn. v. Watson, 2005-Ohio-4983.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-045. James E. L. Watson, Attorney Registration No. 0039585, is suspended from the practice of law in Ohio for six months, stayed on conditions.
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-4983.pdf

2005-0350. Columbus Bar Assn. v. Albrecht, 2005-Ohio-4984.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-036. Geoffrey E. Albrecht, Attorney Registration No. 0029648, is suspended from the practice of law in Ohio for one year, stayed on conditions.
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-4984.pdf

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Supreme Court of Ohio Issues Decision Concerning Constitutional Amendment

THE STATE EX REL. WILLKE ET AL. v. TAFT, GOVERNOR, ET AL.

[Cite as State ex rel. Willke v. Taft, ___ Ohio St.3d ___, 2005-Ohio-5303.]
Constitutional amendments — Separate-vote requirement of Section 1,
Article XVI.
(No. 2005-1647 — Submitted September 23, 2005 — Decided October 4, 2005.)

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Tuesday, October 04, 2005

10/4/05 - Ohio General Assembly Bill Introductions

SB 192 HEATING ASSISTANCE (Miller, R.) To create the Title IV-A Utility Program under which eligible households receive help with home energy and weatherization costs during the winter of fiscal year 2006 and to make an appropriation. Am. Sec. 206.66 of Am. Sub. HB 66 Full Text

SB 193 LAND RESOURCE LEASES (Armbruster) To create the Oil, Gas and Timber Leasing Board and to establish a procedure by which the Board may enter into leases for oil and gas production and timber harvesting on land owned or under the control of a state agency for the purpose of providing funding for capital costs for the agency. Am., En. & Rep. 123.01, 131.50, 1501.50, 1501.51, 1501.52, 1501.53, 1501.54, 1501.55, 5119.40, 5120.12 & 5123.23 Full Text

HB 364 HEATING ASSISTANCE (Strahorn) To create the Title IV-A Utility Program under which eligible households receive help with home energy and weatherization costs during the winter of fiscal year 2006 and to make an appropriation. Am. Sec. 206.66 of Am. Sub. HB 66 Full Text

HB 365 JOINT DEVELOPMENT DISTRICTS (Setzer) To remove the limitation that only four types of municipal corporations and townships may create a joint economic development district under specified statutes. Am. 715.70 Full Text

HB 366 SCHOOL DISTRICT STIPENDS (Trakas) To establish the School District Achievement Success Rewards Program to pay a per pupil stipend to certain school districts based on their academic performance. En. 3317.0128 Full Text

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9/30/2005 - Ohio Board of Tax Appeals Merit Docket Decisions

MERIT DOCKET

2004-R-371 Carl Smith v. William W. Wilkins, Tax Commissioner of Ohio. Sales Tax. Tax Commissioner reversed. Ms. Margulies and Mr. Dunlap concur. Mr. Eberhart dissents.

2004-K-578 S. Lavery v. Summit County Board of Revision and Summit County Auditor. Real Property Tax CAUV. Designating CAUV status. Board members concur.

2004-V-1162 Agape Hearts Ministry v. William W. Wilkins, Tax Commissioner of Ohio. Real Property Tax Exemption. Tax Commissioner affirmed. Board members concur.

2004-T-1424 Northfield Center Development v. Cuyahoga County Board of Revision and the Cuyahoga County Auditor. Real Property Tax. Value found. Mr. Eberhart and Mr. Dunlap concur. Ms. Margulies dissents.

2005-V-264 Kenneth A. Cannata v. Cuyahoga County Board of Revision and the Cuyahoga County Auditor. Real Property Tax. Value found. Board members concur.

2005-V-265 Kenneth A. Cannata v. Cuyahoga County Board of Revision and the Cuyahoga County Auditor. Real Property Tax. Value found. Board members concur.

Ohio Abortion Law Allowed to Proceed

From Gongwer News Service:

A federal appeals court Monday agreed to let two major provisions of a 1998 abortion regulation law go into effect while the panel reviews a lower court decision that found the measure constitutional.

The 6th U.S. Circuit Court of Appeals rejected a motion from Cincinnati Women's Services to delay implementation of the measure (HB421, 122nd General Assembly).

Attorney General Jim Petro said the appellate action would allow two components of the law to take effect at 5 p.m. Oct. 10. Click here for a statement from the AG's Office.

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10/4/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

This latest release offers six pages of information concerning attorney disciplinary cases.

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10/3/2005 - Supreme Court Case Announcements and Administrative Actions

MOTION AND PROCEDURAL RULINGS

2005-1427. State v. Hill.

Cuyahoga App. Nos. 83762 and 83775, 2005-Ohio-3155. This cause is pending before the court as a discretionary appeal and a claimed appeal of right. Upon consideration of appellee Michael Hill's motion for leave to file a memorandum in response,

IT IS ORDERED by the court that the motion is granted. Counsel for appellee Michael Hill shall file a memorandum in response within thirty days of the date of this entry.

APPEALS ACCEPTED FOR REVIEW

2005-1210. Norwood v. Horney.

Hamilton App. No. C-040683, 161 Ohio App.3d 316, 2005-Ohio-2448. Upon consideration of the jurisdictional memoranda filed in this case, the court hereby accepts the appeal.
Upon consideration of appellants' motions for admission pro hac vice of Scott Bullock, Robert W. Gall, William H. Mellor, Dana Berliner, and David Roland,

IT IS ORDERED by the court that the motions are granted.

IT IS FURTHER ORDERED by the court, sua sponte, that this cause be consolidated with 2005-1211, Norwood v. Horney, Hamilton App. No. C-040783,

161 Ohio App.3d 316, 2005-Ohio-2448.

IT IS FURTHER ORDERED by the court, sua sponte, that an expedited briefing schedule be set as follows: Appellants' merit brief shall be due within 20 days from the date the court of appeals' record is filed with the Clerk of this court; appellees' merit briefs shall be due within 20 days of the filing of appellants' merit brief; and appellants' reply brief shall be due within 10 days of the filing of appellees' merit briefs. No extensions of time shall be permitted.

IT IS FURTHER ORDERED that the parties shall combine the briefing of this case with 2005-1211, Norwood v. Horney, and file one brief for each permitted under S.Ct.Prac.R. VI; the parties shall file an original of the brief in each case and 18 copies of the brief; and the parties shall otherwise comply with the requirements of S.Ct.Prac.R. VI.

The Clerk shall issue an order for the transmittal of the record from the Court of Appeals for Hamilton County.

O'Connor, J., would accept the appeal on Proposition of Law No. IV only. Resnick, J., not participating.

2005-1211. Norwood v. Horney.

Hamilton App. No. C-040783. Upon consideration of the jurisdictional memoranda filed in this case, the court hereby accepts the appeal.

Upon consideration of appellants' motions for admission pro hac vice of Scott Bullock, Robert W. Gall, William H. Mellor, Dana Berliner, and David Roland,

IT IS ORDERED by the court that the motions are granted.

IT IS FURTHER ORDERED by the court, sua sponte, that this cause be consolidated with 2005-1210, Norwood v. Horney, Hamilton App. No. C-040683,

161 Ohio App.3d 316, 2005-Ohio-2448.

IT IS FURTHER ORDERED by the court, sua sponte, that an expedited briefing schedule be set as follows: Appellants' merit brief shall be due within 20 days from the date the court of appeals' record is filed with the Clerk of this court;

appellees' merit briefs shall be due within 20 days of the filing of appellants' merit brief; and appellants' reply brief shall be due within 10 days of the filing of appellees' merit briefs. No extensions of time shall be permitted.

IT IS FURTHER ORDERED that the parties shall combine the briefing of this case with 2005-1210, Norwood v. Horney, and file one brief for each permitted under S.Ct.Prac.R. VI; the parties shall file an original of the brief in each case and 18 copies of the brief; and the parties shall otherwise comply with the requirements of S.Ct.Prac.R. VI.

The Clerk shall issue an order for the transmittal of the record from the Court of Appeals for Hamilton County.

O'Connor, J., would accept the appeal on Proposition of Law No. IV only.

Resnick, J., not participating.

MISCELLANEOUS DISMISSALS

2005-1737. State ex rel. Rust v. Lucas Cty. Bd. of Elections.

In Mandamus. This cause originated in this court on the filing of a complaint for a writ of mandamus involving an expedited election matter. Upon consideration of relator's application for dismissal,

IT IS ORDERED by the court that the application for dismissal is granted.

ACCORDINGLY, IT IS FURTHER ORDERED by the court that this cause is dismissed.

MEDIATION REFERRALS

The following case has been returned to the regular docket pursuant to S.Ct.Prac.R. XIV(6)(E):

2005-1104. State ex rel. Bartley v. Fahey Banking Co.

Franklin App. No. 04AP-825, 2005-Ohio-2805.

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Monday, October 03, 2005

Ohio General Assembly - Latest Bill Introductions

SB 190 JOB TRAINING CREDIT (Carey) To extend the job training tax credit for an additional year and to declare and emergency. Am. 5725.31, 5729.07, 5733.42 & 5747.39 Full Text

SB 191 MINERAL SEVERANCE TAX (Mumper) To revise the distribution of revenues from the severance tax on minerals, to exempt industrial minerals mining operations from the state mine safety laws and instead provide for the adoption of federal mine safety requirements for those operations, to revise the zoning laws concerning industrial minerals mining, and to make other changes governing the mining of industrial minerals. Am. 303.02, 303.14, 519.02, 519.14, 1513.30, 1514.01, 1514.04, 1514.05, 1514.06, 1514.09, 1514.11, 1514.99 & 5749.02 & En. 315.09, 1514.011, 1514.051, 1514.40 to 1514.47, 1514.50, 1561.011, 1563.01, 1565.01, 1567.01 & 1571.011 Full Text

HB 359 EDUCATION TAX CREDIT (Martin) To grant an income tax credit to individuals who earn degrees in certain science and technology-based fields of study. Am. 5747.98; Enact. 3333.51 & 5747.81 Full Text

HB 360 CAMPAIGN CONTRIBUTIONS (Healy) To revise the law governing contracts for the purchase of goods or services between a state agency or political subdivision and a business entity that makes certain campaign contributions, and to prohibit business entities that have entered into those contracts from making certain campaign contributions. Am. 3517.13, 3517.151 & 3517.992 Full Text

HB 361 JOB TRAINING CREDIT (Martin) To extend the job training tax credit for an additional year, to require that the Director of Development administer the credit, and to declare an emergency. Am. 5717.02, 5725.31, 5729.07, 5733.42 & 5747.39 Full Text

HB 362 STATE OFFICIALS' CALENDAR (Garrison) To require certain state officers to keep a personal calendar and appointment book containing certain information and to provide that the calendar and appointment book is a public record subject to inspection and copying. Am. 149.42 & En. 3.18 Full Text

HB 363 LAW LIBRARY ASSOCIATION (Wagner) To allow the board of trustees of a law library association to elect to assume responsibility for paying the entire compensation of the librarian and all assistant librarians of the law library despite the otherwise applicable statutory payment requirements for that compensation. Am. 3375.49 Full Text

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