Justia Ohio Supreme Court Opinion Summaries
Articles Posted in Government & Administrative Law
State ex rel. Youngstown Civil Service Commission v. Sweeney
The Supreme Court declined to issue a writ of prohibition sought by Youngstown Civil Service Commission, the City of Youngstown and Youngstown Mayor Jamael Tito Brown (collectively, Youngstown) to prevent Mahoning County Court of Common Pleas Judge Maureen Sweeney from exercising jurisdiction over an administrative appeal commenced by Michael Cox and to require her to vacate all orders issued in the appeal, holding that Youngstown was not entitled to the writ.Youngstown commenced this action seeking a writ of prohibition prohibiting Judge Sweeney from exercising any judicial authority over the underlying action and vacating all orders and journal entires issued in that case.
As grounds for the writ, Youngstown argued that Judge Sweeney patently and unambiguously lacked jurisdiction over it because the pending underlying action was an untimely administrative appeal. The Supreme Court denied the writ, holding that Judge Sweeney did not patently and unambiguously lack jurisdiction over the matter at issue. View "State ex rel. Youngstown Civil Service Commission v. Sweeney" on Justia Law
State ex rel. Kidd v. Industrial Commission
The Supreme Court reversed the decision of the Tenth District Court of Appeals granting Donna Kidd's request for a writ of mandamus ordering the Industrial Commission of Ohio to vacate its order denying Kidd's application for permanent-total-disability (PTD) compensation, holding that the Commission did not abuse its discretion in denying Kidd's application for PTD compensation.In denying Kidd's application for PTD compensation the commission concluded that Kidd was capable of sustained remunerative employment at a sedentary level. The Tenth District granted Kidd's request for a writ of mandamus, concluding that the Commission exceeded its discretion by relying on a medical report that outlined limitations on Kidd's capabilities that were "seemingly inconsistent" with the definition of "sedentary work" in Ohio Adm.Code 4121-3-34(B)(2)(a). The Supreme Court reversed and denied the writ, holding that the commission did not abuse its discretion by considering "prevalent workplace accommodations to determine whether Kidd could return to 'sustained remunerative employment' with her medical restrictions." View "State ex rel. Kidd v. Industrial Commission" on Justia Law
State ex rel. Fair Housing Opportunities of Northwest Ohio v. Ohio Fair Plan
The Supreme Court affirmed the judgment of the court of appeals granting a writ of mandamus ordering the Ohio Fair Plan Underwriting (OFP) to provide documents in response to a public records request brought by Fair Housing Opportunities of Northwest Ohio (Fair Housing) and denying Fair Housing statutory damages and attorney fees, holding that there was no error.After OFP provided information it argued was partially responsive to Fair Housing's public records request Fair Housing brought this action seeking a writ of mandamus ordering OFP to provide records responsive to the request. Fair Housing further sought statutory damages and attorney fees awards. The court of appeals found that OFP was a public office subject to the Public Records Act and granted a writ of mandamus. The court, however, denied statutory damages and attorney fees. The Supreme Court affirmed, holding (1) OFP was subject to the Act; and (2) Fair Housing was not entitled to awards of statutory damages or attorney fees. View "State ex rel. Fair Housing Opportunities of Northwest Ohio v. Ohio Fair Plan" on Justia Law
Posted in:
Communications Law, Government & Administrative Law
State ex rel. Ames v. Baker, Dublikar, Beck, Wiley & Mathews
The Supreme Court modified the judgment of the court of appeals dismissing Appellant's petition for a writ of mandamus seeking an order directing Appellees to produce unreacted invoices for certain legal services under the Public Records Act, Ohio Pub. Rec. Ohio Rev. Code 149.43, holding that the writ should have been denied.Appellant sought unreacted invoices for legal services provided to the Rootstown Township Board of Trustees by two entities. Appellant was provided with the invoices but redacted portions of them that contained information protected from disclosure by the attorney-client privilege. Appellant then filed his petition for a writ of mandamus. The court of appeals dismissed the petition, concluding that the information sought by Appellant was protected from disclosure under the attorney-client privilege. The Supreme Court reversed and remanded for an in camera inspection of the invoices. After an in camera inspection, the court of appeals dismissed the petition. The Supreme Court modified the judgment in part by denying, rather than dismissing, the petition, holding that the redacted invoices contained information protected from disclosure by the attorney-client privilege. View "State ex rel. Ames v. Baker, Dublikar, Beck, Wiley & Mathews" on Justia Law
Posted in:
Communications Law, Government & Administrative Law
In re Application of Firelands Wind, L.L.C.
The Supreme Court affirmed the order of the Ohio Power Siting Board authorizing Firelands Wind, LLC to construct, operate, and maintain a wind farm in Huron and Erie Counties, holding that the nineteen nearby residents and the Black Swamp Bird Observatory that brought this appeal (collectively, Appellants) have not established that the Board's order was unlawful or unreasonable.On appeal, Appellants challenged the Board's determination that the wind farm satisfies the statutory requirements for constructing a major utility facility, asserting, among other things, that the project could kill birds and create excessive noise for residents near the wind farm and that the Board improperly failed to follow its administrative rules. The Supreme Court affirmed, holding that the Board's order was neither unlawful nor unreasonable. View "In re Application of Firelands Wind, L.L.C." on Justia Law
Mill Creek Metropolitan Park District Bd. of Commissioners v. Less
The Supreme Court vacated the judgment of the court of appeals determining that the Mill Creek Metropolitan Park District Board of Commissioners failed to comply with Ohio Rev. Code 1545.11 when it initiated appropriation proceedings to take private property owed by Landowner, holding that the trial court's orders denying Landowner's motions for summary judgment were not final, appealable orders.The Park District initiated appropriation proceedings against Landowner. Landowner answered by denying the necessity of the appropriation and the Park District's authority to appropriate the property. The trial court denied Landowner's motions for summary judgment. The court of appeals reversed and remanded with instructions to enter summary judgment for Landowner. The Supreme Court vacated the court of appeals' judgment, holding that the court erred in determining that the trial court's orders denying Landowner's motions for summary judgment were final, appealable orders. View "Mill Creek Metropolitan Park District Bd. of Commissioners v. Less" on Justia Law
State ex rel. Atakpu v. Shuler
The Supreme Court affirmed the judgment of the court of appeals granting Appellant's petition for a writ of mandamus but denying his requests for statutory damages and court costs, holding that there was no error.Appellant, an inmate, sent a public-records request to Appellee, an employee of a private company that contracts with the state of Ohio to house state prisoners. Dissatisfied with the ultimate response, Appellant filed the current action asking for a writ of mandamus ordering Appellee to produce the records requested. The court of appeals granted the writ to a limited extent and denied Appellant's request for statutory damages and court costs. The Supreme Court affirmed, holding that the court of appeals did not err in denying Appellant's request for statutory damages and court costs. View "State ex rel. Atakpu v. Shuler" on Justia Law
State ex rel. Dodson v. Ohio Dep’t of Rehabilitation & Correction
The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's complaint for writs of prohibition and mandamus against the Ohio Parole Board and the Franklin County Child Support Enforcement Agency (collectively, the State) and denied Appellant's motions to strike the State's merit brief in whole or in part, holding that there was no error.Appellant was found guilty, after a jury trial, of the rape of two women, one of whom he impregnanted, kidnapping, and attempted rape. Appellant subsequently appeared before the parole board eight times and was denied parole each time. Appellant later filed an original action of writs of prohibition and mandamus arguing that the parole board improperly denied parole. The court of appeals dismissed the complaint for failure to state a claim. The Supreme Court affirmed and denied Appellant's motions to strike, holding that Appellant failed to establish that he was entitled to relief. View "State ex rel. Dodson v. Ohio Dep't of Rehabilitation & Correction" on Justia Law
Posted in:
Criminal Law, Government & Administrative Law
State ex rel. Quest Diagnostics, Inc. v. Industrial Comm’n
The Supreme Court affirmed the judgment of the court of appeals granting Appellee's requested writ of mandamus ordering the Industrial Commission of Ohio to reinstate an order of its staff hearing officer denying Appellee's request for temporary total disability (TTD) compensation, holding that Appellee demonstrated a clear legal right to the relief requested and a clear legal duty on the Commission's part to provide that relief.In granting the writ, the court of appeals concluded that the Commission incorrectly applied the law of voluntary abandonment, as set forth in State ex rel. Klein v. Precision Excavating & Grading Co., 1993 N.E.3d 386. The Supreme Court affirmed, holding that the Commission misinterpreted and misapplied the law of voluntary abandonment as it related to Appellant's request for TTD compensation. View "State ex rel. Quest Diagnostics, Inc. v. Industrial Comm'n" on Justia Law
Posted in:
Government & Administrative Law, Personal Injury
State ex rel. DeBlase v. Ohio Ballot Bd.
In this action arising from an initiative petition proposing a constitutional amendment entitled "The Right to Reproductive Freedom with Protections for Health and Safety" the Supreme Court held that Relators, registered Ohio voters, were not entitled to a writ of mandamus.The Ohio Ballot Board and its members determined that the initiative petition proposed a single constitutional amendment to the Ohio Constitution that would protect an individual's "right to make and carry out one's own reproductive decisions." Relators commenced this action ordering the Board to issue a determination that the petition contained more than one amendment. The Supreme Court denied the writ, holding that the ballot board did not abuse its discretion or disregard applicable law in determining that petition at issue contained a single constitutional amendment. View "State ex rel. DeBlase v. Ohio Ballot Bd." on Justia Law