12/21/2005 - Supreme Court of Ohio Decisions
2004-0357 and 2004-0363. McNamara v. Rittman, 2005-Ohio-6433. Certified Questions of State Law from the United States Court of Appeals for the Sixth Circuit, Nos. 02-3778 and 02-3965. The certified questions are answered. See opinion. Resnick, Pfeifer, O'Connor, O'Donnell and Lanzinger, JJ., concur. Moyer, C.J., and Lundberg Stratton, J., concur in judgment only. Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2005/2005-Ohio-6433.pdf
Summary: Court Holds Landowners Have Property Right to Ground Water Under Their Land
2004-1078. Cleveland Mun. School Dist. Bd. of Edn. v. Cuyahoga Cty. Bd. of Revision, 2005-Ohio-6434. Board of Tax Appeals, Nos. 2002-R-2641 and 2002-R-2642. Decision affirmed.Moyer, C.J., Resnick, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.Pfeifer, J., concurs in judgment only.
Taxation — Real property — Value — Property owner fails to show economic duress was factor in fixing purchase price, when.
2004-2081. State ex rel. Segedy v. Arts Residential Roofing, 2005-Ohio-6429. Franklin App. No. 03AP-1235, 2004-Ohio-5945. Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Workers’ compensation – R.C. 4123.52 – Continuing jurisdiction of Industrial Commission – Staff hearing officer’s failure to identify prerequisite to invoking continuing jurisdiction is mistake of law justifying commission’s exercise of jurisdiction to reopen order.
2004-2176. Miami Cty. Bar Assn. v. Wyandt & Silvers, Inc., 2005-Ohio-6430. On Final Report by the Board on the Unauthorized Practice of Law, No. UPL 04-02. Roland A. Wyandt and Wyandt & Silvers, Inc. are enjoined from conduct that constitutes the unauthorized practice of law, and civil penalty imposed. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Summary: Piqua Tax Services Firm, Co-Owner Fined for Unauthorized Practice of Law
2005-0043. State ex rel. Asti v. Ohio Dept. of Youth Serv., 2005-Ohio-6432. Franklin App. No. 03AP-998, 2004-Ohio-6832. Judgment reversed and cause remanded.Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Summary: Promoted Civil Service Employee Must Be Reinstated to Classified Position On Request
2005-0771. State ex rel. Hawthorn v. Russell, 2005-Ohio-6431. Summit App. No. 22380. Judgment affirmed. Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Donnell and Lanzinger, JJ., concur. O'Connor, J., not participating.
Quo warranto—Corporations—Standing—R.C. 2733.05 and 2733.06—Only Attorney General and prosecuting attorneys have standing to seek writ to challenge right to nonpublic office.