Justia Ohio Supreme Court Opinion Summaries

The Supreme Court denied a writ of mandamus seeking to place a referendum on the November 2021 ballot asking voters to approve or disapprove an amendment to the Liberty Township Zoning Resolution, holding that the Delaware County Board of Elections did not abuse its discretion or disregard clearly applicable law in sustaining a protest to the referendum petition.The board of elections sustained the protest to the referendum petition because the petition did not include an adequate summary of the zoning amendment as required by Ohio Rev. Code 519.12(H). Relator, Scott Donaldson, sought this writ of mandamus ordering the board of elections to place the referendum on the ballot. The Supreme Court denied the writ, holding that Relator failed to demonstrate by clear and convincing evidence that the board of elections abused its discretion or disregarded clearly applicable law in sustaining the protest to the referendum petition. View "State ex rel. Donaldson v. Delaware County Board of Elections" on Justia Law

The Supreme Court denied a writ of mandamus and, alternatively, a writ of procedendo ordering Respondents to conduct an evidentiary hearing on his appeal of the mayor's appointment of another detective sergeant to the position of lieutenant with the City of Youngstown Police Department, holding that Relator was not entitled to the writs.Relator, a detective sergeant with the Youngstown Police Department, brought this action against Respondents, the Youngstown Civil Service Commission and its president, Vice President, and secretary, challenging the decision of the City's mayor to appoint to the position of lieutenant the examinee who ranked first on the eligibility list. The Supreme Court denied the writs, holding (1) Relator's request for a writ of mandamus ordering the Commission to issue a decision determining his appeal was moot; (2) this Court declines to address Relator's constitutional argument; and (3) Relator's procedendo claim failed. View "State ex rel. Cox v. Youngstown Civil Service Commission" on Justia Law

The Supreme Court vacated the judgment of the court of appeals granting a limited writ of mandamus ordering the Industrial Commission of Ohio to identify the reasons for its denial of Employer's request for reconsideration of its order directing Employer to continue paying for Employee's drugs prescribed in connection with Employee's work injuries, holding that the Commission must reconsider Employee's motion in light of Ohio Adm.Code 4123-6-21.3.After Employer, which was self-insured for workers' compensation purposes, informed Employee that it would no longer reimburse Employee for his prescriptions in connection with his work-related injuries, Employee filed a motion asking the Commission to order Employer to continue paying for his drugs. The Commission granted the motion and denied Employer's request for reconsideration. Employer then sought a writ of mandamus directing the Commission to vacate its order and deny continued reimbursement for the prescriptions. The court of appeals granted a limited writ. The Supreme Court vacated the court of appeals' judgment and denied in part and granted in part the writ of mandamus, holding that the Commission should have considered Ohio Adm.Code 4123-6-21.3 in its determination of Employee's motion. View "State ex rel. T.S. Trim Industries, Inc. v. Industrial Commission of Ohio" on Justia Law

The Supreme Court reversed the decision of the Board of Tax Appeals (BTA) dismissing these appeals of final determinations of the tax commissioner on the grounds that they were untimely, holding that Am.Sub.H.B. No. 197 tolled the time limitation for filing the appeals, and Appellant filed the notices of appeal with both the tax commissioner and the BTA during the tolling period.On April 29, 2020, the tax commissioner journalized his final determinations upholding the tax assessments in each case. Service was completed by certified mail on May 4, 2020. Appellant delivered a notice of appeal to the tax department on June 26, 2020. The next day Appellant filed the notices of appeal with the BTA. The BTA dismissed both appeals as untimely. The Supreme Court reversed, holding that section 22(A)(1)(c) of H.B. 197 tolled Appellant's appeal period and that Appellant's appeals were timely filed. View "Chapman Enterprises, Inc. v. McClain" on Justia Law

The Supreme Court affirmed in part and reversed in part the decision of the court of appeals entering summary judgment in favor of Appellees - Portage County Board of Commissioners (Board), Portage County Solid Waste Management District Board of Commissioners (SWMD), and Portage County Court of Common Pleas, holding that the summary judgment is reversed as to the Board and the SWMD.Appellant claimed that the Board violated the Open Meetings Act, Ohio Rev. Code 121.22, and the Public Records Act, Ohio Rev. Code 149.43, by failing to conduct SWMD business in public meetings and by failing to prepare maintain, and produce accurate minutes of SWMD business. The Supreme Court held (1) the court of appeals erred in finding, as a matter of law, that the Board's use of a consent agenda in the manner described in the complaint did not violate the Open Meetings Act; (2) the court of appeals erred in granting summary judgment on Appellant's mandamus claim as it related to the minutes of certain SWMD meetings; and (3) Appellant's remaining allegations of error were without merit. View "State ex rel. Ames v. Portage County Board of Commissioners" on Justia Law

The Supreme Court affirmed the orders of the Public Utilities Commission requiring Allied Erecting & Dismantling Co., Inc. to pay for electricity consumed during a three-year period in which the Ohio Edison Company failed to bill Allied for one of its electric meters, holding that Allied failed to demonstrate reversible error.Ohio Edison estimated the amount owed based on Allied's historical electricity usage. The Commission determined that Ohio Edison provided sufficient evidence supporting the accuracy of its estimates and that Ohio Edison's estimated back bill was fair and reasonable. Allied appealed, challenging the Commission's orders on two grounds. The Supreme Court affirmed, holding that Allied failed to demonstrate that the Commission erred in deciding the complaint in Ohio Edison's favor. View "In re Complaint of Allied Erecting & Dismantling Co. v. Ohio Edison Co." on Justia Law

The Supreme Court affirmed the decision of the Board of Tax Appeals (BTA) affirming the decision of the tax commissioner denying Appellant's complaint challenging the continuing property tax exemption for a real estate parcel owned by the state and operated as the Ohio State University Airport (OSU Airport), the BTA's decision was reasonable and lawful.On appeal, Appellant argued that, given its use as of the tax lien date, the airport parcel did not qualify for exemption. Specifically, Appellant argued that either the entire airport should be taxed or that certain areas of the parcel should be split-listed as taxable. The Supreme Court affirmed BTA's decision continuing the exemption for the entire airport parcel, holding (1) Ohio Rev. Code 5715.271 placed the burden of proving entitled to continued exemption on OSU, and therefore, the BTA properly required OSU to bear that burden; (2) this Court lacked jurisdiction to grant relief to OSU on its evidentiary arguments; and (3) OSU proved that the airport was entitled to exemption under Ohio Rev. Code 3345.17. View "O'Keefe v. McClain" on Justia Law

The Supreme Court dismissed this action seeking a writ of procedendo ordering Judge Thomas J. Pokorny to rule on Relator's motions to dismiss counterclaims in consolidated cases pending in the court of common pleas, holding that the case was moot.Relator brought four actions against the Portage County Solid Waste Management District and the Portage County Board of Commissioners alleging violations of the Open Meetings Act, Ohio Rev. Code 121.22, related to the public business of the district conducted by the board. The district and the board filed amended counterclaims, and Relator filed motions to dismiss the counterclaims. Because Judge Pokorny already denied the motions for which Relator sought to compel a ruling in procedendo, the Supreme Court dismissed this action as moot. View "State ex rel. Ames v. Pokorny" on Justia Law

The Supreme Court granted Relators a writ of mandamus ordering the Trumbull County Board of Elections and its members (collectively, the Board) to remove the issue of Sandra Breymaier's recall from the June 1, 2021 special-election ballot, holding that the measure did not comply with ballot-access requirements.A group of Newton Falls electors presented to the clerk of the city council a petition to recall Breymaier, a city council member. The Mayor informed the Board that the Newton Falls city council had passed a motion to schedule a special election for June 1, 2021 on Breymaier's recall. The Board set the recall election to occur on June 1. Relators, including Breymaier, commenced this action seeking writs of prohibition and mandamus to prevent the Board from holding the recall election and ordering the Board to remove the recall measure from the June 1 ballot. The Supreme Court denied the writ of prohibition because the Board did not exercise quasi-judicial authority but granted a writ of mandamus because the city council had not duly passed a motion to set the recall election for June 1. View "State ex rel. Fritz v. Trumbull County Board of Elections" on Justia Law

The Supreme Court affirmed the decision of the Board of Tax Appeals (BTA) affirming the City of Cleveland's taxation of Hazel Willacy's stock-option income that she realized in 2016, holding that Willacy's propositions of law lacked merit.Willacy earned the disputed stock options in 2007 from her former employer while she was working in Cleveland. In 2009, Willacy retired and moved to Florida without having exercised any of the options. In 2014 and 2015, Willacy exercised the majority of the options and immediately resold the shares. In 2016, Willacy exercised the remaining options. Her former employer withheld her municipal-income-tax obligation and paid it to Cleveland. Willacy sought a refund on the grounds that she did not live or work in Cleveland. The refund was denied, and the BTA affirmed the denial. The Supreme Court affirmed, holding that Cleveland's taxation of Willacy's 2016 compensation was required under municipal law and did not violate her due process rights under either the United States or Ohio constitutions. View "Willacy v. Cleveland Board of Income Tax Review" on Justia Law