Ohio Law

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

Wednesday, January 11, 2006

1/11/2006 - Supreme Court of Ohio Decisions

Wednesday, Jan. 11, 2006

2004-1145. Jaylin Investments, Inc. v. Moreland Hills, 2006-Ohio-4.
Cuyahoga App. No. 82739, 157 Ohio App.3d 277, 2004-Ohio-2689. Judgment affirmed.
Moyer, C.J., Resnick, Lundberg Stratton, O'Connor and Lanzinger, JJ., concur.
Pfeifer and O'Donnell, JJ., dissent.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-Ohio-4.pdf
Summary: Court Denies Constitutional Challenge to Village Zoning Regulation
Add'l Info: Real property – Zoning – Restriction of residential lot size to two-acre minimum – Constitutionality of restriction as applied to deny proposed use of half-acre lots in residential subdivision – Test is whether owner has demonstrated beyond fair debate that restriction, as applied to proposed use, is arbitrary, unreasonable, and without substantial relation to public health, safety, and welfare.

2005-0447. State ex rel. Downs v. Panioto, 2006-Ohio-8.
Hamilton App. No. C-040784, 2005-Ohio-778. Judgment reversed.
Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O'Connor, O'Donnell and Lanzinger, JJ., concur.
Opinion: http://www.sconet.state.oh.us/rod/newpdf/0/2006/2006-Ohio-8.pdf
Summary: Prohibition—Alternative writ defined—Final orders—Lack of jurisdiction over incompetent party alleged—Service of process on incompetent—Capacity of incompetent to sue for divorce—Adequate remedy in ordinary course of law—Writ denied.

2005-0750. Columbus Bar Assn. v. Ross, 2006-Ohio-5.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 03-98. Leo Patrick Ross, Attorney Registration No. 0031061, 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/0/2006/2006-Ohio-5.pdf
Summary: Attorneys at law—Misconduct—Failure to inform client of lack of liability insurance—Conflict of interest—Representation of clients allegedly involved in criminal activity together—Six-month stayed suspension.

2005-1115. Columbus Bar Assn. v. Winkfield, 2006-Ohio-6.
On Certified Report by the Board of Commissioners on Grievances and Discipline, No. 02-30. Lawrence Edward Winkfield, Attorney Registration No. 0034254, 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/0/2006/2006-Ohio-6.pdf
Summary: Court Indefinitely Suspends Westerville Attorney
Add'l Info: Attorneys at law—Misconduct—Practicing law while license is under suspension—Conduct involving fraud, dishonesty, or misrepresentation—Intentionally damaging or prejudicing a client—Failure to deliver funds promptly to client—Failure to protect client’s interests before withdrawing from representation—Failure to refund unearned fees upon withdrawal—Neglect of an entrusted legal matter—Intentional failure to complete contract of professional employment—Failure to promptly return client’s property—Failure to cooperate in disciplinary proceedings—Illegal conduct involving moral turpitude—Illegal discrimination—Accepting employment with risk of conflict of interest—Charging excessive fees—Misappropriation from trust account—Mental illness as mitigating—Indefinite suspension.

2005-1251. State ex rel. Boylen v. Harmon, 2006-Ohio-7.
Stark App. No. 2005CA00104. 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/0/2006/2006-Ohio-7.pdf
Summary: R.C. 2935.10 governs procedure for affidavits filed under R.C. 2935.09 — No conflict between R.C. 2935.10 and Crim.R. 4(A) in this case.

Later

0 Comments:

Post a Comment

<< Home