Governor Signs Eminent Domain Moratorium Bill

Governor Bob Taft signed off on SB 167 yesterday, calling it a "measured and well reasoned response" to a U.S. Supreme Court decision that allows government use of eminent domain to take private property for private economic development projects (Kelo v. New London).

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11/16/2005 - Supreme Court of Ohio Decisions Released

Wednesday, Nov. 16, 2005

2004-1103. Internatl. Assn. of Firefighters, Local No. 136 v. Dayton Civ. Serv. Bd., 2005-Ohio-5826.
Montgomery App. No. 20089, 2004-Ohio-2728. Judgment affirmed.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor and Lanzinger, JJ., concur.
O'Donnell, J., dissents.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5826.pdf
Summary: City May Award Bonus Points on Civil Service Test for Completion of Firefighter Apprentice Program

2004-1366. State ex rel. Advantage Tank Lines v. Indus. Comm., 2005-Ohio-5829.
Franklin App. No. 03AP-584, 2004-Ohio-3384. Judgment affirmed.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor and O'Donnell, JJ., concur.
Lanzinger, J., concurs separately.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5829.pdf

2004-1940. State ex rel. Jeany v. Cleveland Concrete Constr., Inc., 2005-Ohio-5828.
Franklin App. No. 04AP-51, 2004-Ohio-5842. 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-5828.pdf

2004-2009. State v. Nelson, 2005-Ohio-5825.
Cuyahoga App. No. 84108, 2004-Ohio-5608. Sua sponte, cause dismissed as having been improvidently accepted.
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-5825.pdf

2004-2107. Disciplinary Counsel v. Goetz, 2005-Ohio-5830.
On Final Report by the Board on the Unauthorized Practice of Law, No. UPL 04-03. William G. Goetz is enjoined from conduct that constitutes the unauthorized practice of law and civil penalty is imposed.
Moyer, C.J., Resnick, Pfeifer, O'Connor and O'Donnell, JJ., concur.
Lundberg Stratton and Lanzinger, JJ., concur in part and dissent in part.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5830.pdf
Summary: Supreme Court Sets $30,000 Fine for Unlicensed ‘Lawyer’s’ Unauthorized Practice

2004-2112. Cuyahoga Cty. Bar Assn. v. Freedman, 2005-Ohio-5831.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 02-92. Steven A. Freedman, Attorney Registration No. 0025528, is suspended from the practice of law in Ohio for one year.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton and O'Donnell, JJ., concur.
O'Connor and Lanzinger, JJ., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5831.pdf
Summary: Court Suspends Three Attorneys, Revokes License of Fourth for Failure to Disclose Criminal Record

2004-2169. Stark Cty. Bar Assn. v. Bennafield, 2005-Ohio-5832.
On Final Report by the Board on the Unauthorized Practice of Law, No. UPL 02-08. Donald Bennafield is enjoined from conduct that constitutes the unauthorized practice of law.
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-5832.pdf

2005-0791. Disciplinary Counsel v. Claflin, 2005-Ohio-5827.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-037. Christopher Richard Claflin, Attorney Registration No. 0058554, is suspended from the practice of law in Ohio for two years, with one year stayed on conditions.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Donnell and Lanzinger, JJ., concur.
O'Connor, J., would stay only six months of the suspension.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-5827.pdf
Summary: Court Suspends Three Attorneys, Revokes License of Fourth for Failure to Disclose Criminal Record

2005-0816. Disciplinary Counsel v. Tyack, 2005-Ohio-5833.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 04-028. Deborah Ann Tyack, Attorney Registration No. 0012362, is indefinitely suspended 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-5833.pdf
Summary: Court Suspends Three Attorneys, Revokes License of Fourth for Failure to Disclose Criminal Record

2005-0866. In re Dabney, 2005-Ohio-5834.
On Report by the Board of Commissioners on Character and Fitness, No. 281. The license to practice law in Ohio of Tami Antoinette Dabney, Attorney Registration No. 0076509, is revoked. She may reapply for admission in February 2006.
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-5834.pdf
Summary: Court Suspends Three Attorneys, Revokes License of Fourth for Failure to Disclose Criminal Record

Ohio General Assembly - Latest Bill Introductions

SB 224 LANDFILL MORITORIUM (Schuring) To establish a moratorium on the issuance of permits for new solid waste landfills and expansions of existing landfills and licenses for new construction and demolition debris facilities and expansion of existing facilities in counties that are included in the Regional Hydrologic Study of the Tuscarawas River Basin conducted by the United States Geological Survey and to authorize solid waste management districts to expend money derived from district solid waste disposal and generation fees to providing funding for geological and hydrogeological surveys. Sm. Sec. 3734.57 & En. Se. 3754.50 Full Text

HB 410 MARITIME TRANSPORTATION (Redfern) To create the Office of Maritime Transportation within the Department of Transportation. En. 5501.09 Full Text

HB 411 SCHOOL PERFORMANCE (Wolpert) To eliminate the requirement that a school district or building that fails to make "adequate yearly progress" for more than two consecutive years be rated no higher than "in need of continuous improvement" on the annual state academic performance ratings. Am. 3302.03 Full Text

HB 412 LAND SALES/METH (Distel) To require a seller or landlord of real property to disclose whether the property was a site for the manufacture of methamphetamine if the seller or landlord has actual knowledge of that use. Am. & En. 5302.30 & 5321.041 Full Text

HB 413 EXIT NAMING (Fessler) To erect and maintain one sign in each direction of Interstate Highway 75 approaching exit 74 that reads "Hobart Institute of Welding Technology Exit 74." Full Text

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11/15/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

MOTION AND PROCEDURAL RULINGS

2005-1236. State v. Lee.
Hamilton App. No. C-040540, 162 Ohio App.3d 648, 2005-Ohio-3395. This cause
is pending before the court as a discretionary appeal and claimed appeal of right.
On July 8, 2005, appellant filed a notice that a motion to certify a conflict was
pending in the court of appeals and, pursuant to S.Ct.Prac.R. IV(4)(A), this court
stayed consideration of the jurisdictional memoranda filed in this appeal. Whereas
appellant has neither notified this court that the court of appeals determined that a
conflict does not exist as provided by S.Ct.Prac.R. IV(4)(B) nor filed a copy of the
court of appeals' order certifying the existence of a conflict as provided by
S.Ct.Prac.R. IV(4)(C),
IT IS ORDERED by the court, sua sponte, that appellant show cause within
fourteen days of the date of this entry why this court should not proceed to
consider the jurisdictional memoranda in this appeal pursuant to S.Ct.Prac.R.
III(6).

2005-1319. State v. Paynter.
Muskingum App. No. CT2004-0015, 2005-Ohio-2911. This cause is pending
before the court as an appeal from the Court of Appeals for Muskingum County. It
appearing to the court that appellant is without counsel,
IT IS ORDERED that the court of appeals shall appoint counsel for
appellant pursuant to S.Ct.Prac.R. III(7).
IT IS FURTHER ORDERED that a copy of this entry shall be sent to the
court of appeals by the Clerk of this court and that appointed counsel shall file a
copy of the court of appeals' entry of appointment with the Clerk of this court.

DISCIPLINARY CASES

2004-0432. Disciplinary Counsel v. Johnson.
IT IS ORDERED by this court, sua sponte, that Jacqueline L. T. Johnson, Attorney
Registration No. 0029249, last known business address in New Albany, Ohio, is
found in contempt for failure to comply with this court's order of December 15,
2004, to wit: failure to pay board costs on or before March 15, 2005.

2004-0433. Cuyahoga Cty. Bar Assn. v. Aldrich.
IT IS ORDERED by this court, sua sponte, that Thomas P. Aldrich, Attorney
Registration No. 0042451, last known business address in Lyndhurst, Ohio, is
found in contempt for failure to comply with this court's order of December 8,
2004, to wit: failure to pay board costs in the amount of $1,379.56, on or before
March 8, 2005.

2004-1394. Disciplinary Counsel v. Muhlbach.
IT IS ORDERED by this court, sua sponte, that Peter Michael Muhlbach, Attorney
Registration No. 0058412, last known business address in Parma, Ohio, is found in
contempt for failure to comply with this court's order of December 15, 2004, to
wit: failure to pay board costs in the amount of $1,299.45, on or before March 15,
2005.

2004-1763. Cleveland Bar Assn. v. Lehotsky.
IT IS ORDERED by this court, sua sponte, that Marc A. Lehotsky, Attorney
Registration No. 0068814, last known business address in Lakewood, Ohio, is
found in contempt for failure to comply with this court's order of April 6, 2005, to
wit: failure to file an affidavit of compliance on or before May 6, 2005.

2004-1822. Columbus Bar Assn. v. McCorkle.
IT IS ORDERED by this court, sua sponte, that James McCorkle, Attorney
Registration No. 0019801, last known business address in Columbus, Ohio, is
found in contempt for failure to comply with this court's order of June 8, 2005, to
wit: failure to file an affidavit of compliance on or before July 8, 2005.

2004-2066. Stark Cty. Bar Assn. v. Odar.
IT IS ORDERED by this court, sua sponte, that Darlene E. Odar, Attorney
Registration No. 0019001, last known business address in Canton, Ohio, is found
in contempt for failure to comply with this court's order of March 1, 2005, to wit:
failure to surrender her attorney registration card and file an affidavit of
compliance on or before March 31, 2005.

2005-0028. In re Punka.
IT IS ORDERED by this court, sua sponte, that Anthony Punka, Attorney
Registration No. 0023869, last known address in Norton, Ohio, is found in
contempt for failure to comply with this court's order of February 14, 2005, to wit:
failure to file an affidavit of compliance on or before March 16, 2005.

2005-0032. In re Resignation of Kyte.
IT IS ORDERED by this court, sua sponte, that Susan Janet Kyte, Attorney
Registration No. 0012365, last known business address in Columbus, Ohio, is
found in contempt for failure to comply with this court's order of February 25,
2005, to wit: failure to surrender her attorney registration card, surrender her
Certificate of Admission, and file an affidavit of compliance on or before March
28, 2005.

2005-0096. In re Resignation of Siemen.
IT IS ORDERED by this court, sua sponte, that Christopher William Siemen,
Attorney Registration No. 0036977, last known business address in Concord, Ohio,
is found in contempt for failure to comply with this court's order of May 20, 2005,
to wit: failure to surrender his attorney registration card, surrender his Certificate
of Admission, and file an affidavit of compliance on or before June 20, 2005.

2005-0328. In re Resignation of Taber.
IT IS ORDERED by this court, sua sponte, that Timothy James Taber, Attorney
Registration No. 0022624, last known business address in Willoughby, Ohio, is
found in contempt for failure to comply with this court's order of May 20, 2005, to
wit: failure to surrender his attorney registration card, surrender his Certificate of
Admission, and file an affidavit of compliance on or before June 20, 2005.

2005-0410. In re Taber.
IT IS ORDERED by this court, sua sponte, that Timothy James Taber, Attorney
Registration No. 0022624, last known business address in Willoughby, Ohio, is
found in contempt for failure to comply with this court's order of April 12, 2005, to
wit: failure to file an affidavit of compliance on or before May 12, 2005.
2005-0466. Disciplinary Counsel v. Ankerman.
IT IS ORDERED by this court, sua sponte, that William Ankerman, Attorney
Registration No. 0024093, last known business address in West Hartford,
Connecticut, is found in contempt for failure to comply with this court's order of
May 5, 2005, to wit: failure to file an affidavit of compliance on or before June 6,
2005.

2005-0657. Columbus Bar Assn. v. Smith.
IT IS ORDERED by this court, sua sponte, that Daniel Scott Smith, Attorney
Registration No. 0008972, last known business address in Columbus, Ohio, is
found in contempt for failure to comply with this court's order of April 29, 2005, to
wit: failure to file an affidavit of compliance on or before May 31, 2005.
2005-1127. Disciplinary Counsel v. Lemieux.
IT IS ORDERED by this court, sua sponte, that James Michael Lemieux, Attorney
Registration No. 0032701, last known business address in Jefferson, Ohio, is found
in contempt for failure to comply with this court's order of July 11, 2005, to wit:
failure to file an affidavit of compliance on or before August 10, 2005.

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Ohio Moves One Step Closer to Adopting Rules of Professional Conduct

As one of only two states that still adhere to the Code of Professional Responsibility, Ohio is now moving towards cutting that number in half by adopting its own version of the Model Rules of Professional Conduct. The Supreme Court of Ohio's Task Force on Rules of Professional Conduct's web page offers a publication notice (comments accepted until February 16, 2005), a task force report, a marked-up version of the rules showing where Ohio will differ from the ABA's model rules, and a link where one can submit comments electronically.

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11/14/2005 - Supreme Court of Ohio Case Announcements and Administrative Actions

MERIT DECISIONS WITHOUT OPINIONS

2005-1955. Dunning v. Kimbler.
In Prohibition. On motion to dismiss. Motion to dismiss granted. Cause
dismissed.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor, O’Donnell and
Lanzinger, JJ., concur.

MOTION AND PROCEDURAL RULINGS

2005-0634. State v. Sherrills.
Cuyahoga App. No. 85873. This cause came on for further consideration of
appellant's motion for relief from judgment pursuant to Civil Rule 60(B). Upon
consideration thereof,
IT IS ORDERED by the court that the motion is denied.

2005-1660. State ex rel. Henley v. Money.
In Habeas Corpus. This cause came on for further consideration of petitioner's
request for findings of fact and conclusions of law. Upon consideration thereof,
IT IS ORDERED by the court that the request is denied.

MISCELLANEOUS DISMISSALS

2005-0130. State ex rel. Voith Sulzer Paper Technology N. Am., Inc. v. Indus.
Comm. Franklin App. No. 04AP-65, 2004-Ohio-6613. This cause is pending
before the court as an appeal from the Court of Appeals for Franklin County.
Upon consideration of appellant'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.

2005-0994. State ex rel. Sauder Woodworking v. Pruett.
Franklin App. No. 04AP-395, 2005-Ohio-1762. This cause is pending
before the court as an appeal from the Court of Appeals for Franklin County.
Upon consideration of appellant's application for dismissal,
IT IS ORDERED by the court that the application for dismissal is granted.
Accordingly, this cause is dismissed.

2005-1104. State ex rel. Bartley v. Fahey Banking Co.
Franklin App. No. 04AP-825, 2005-Ohio-2805. This cause is pending
before the court as an appeal from the Court of Appeals for Franklin County.
Upon consideration of appellant'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.

2005-1684. State ex rel. Riley v. Indus. Comm.
Franklin App. No. 04AP-953, 2005-Ohio-4453. This cause is pending
before the court as an appeal from the Court of Appeals for Franklin County.
Upon consideration of appellant'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.

2005-1877. State ex rel. Bozsik v. Leisy.
In Mandamus. This cause originated in this court on the filing of a complaint
for a writ of mandamus. Upon consideration of relator's application for dismissal,
IT IS ORDERED by the court that the application for dismissal is granted.
Accordingly, this cause is dismissed.

2005-1896. Schmitt v. Duke Realty, L.P.
Franklin App. No. 04AP-251, 2005-Ohio-4245. This cause is pending before
the court as a discretionary appeal. Upon consideration of appellant'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 cases have been referred to mediation pursuant to
S.Ct.Prac.R. XIV(6):
2005-2070. Soin v. Greene Cty. Bd. of Revision.
Board of Tax Appeals, No. 2004-V-490.
2005-2090. State ex rel. Berman Industries, Inc. v. Indus. Comm.
Franklin App. No. 04AP-1254, 2005-Ohio-5083.

ADMINISTRATIVE ACTIONS

1. Proposed Ohio Rules of Professional Conduct will be published for public
comment.

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