Justia Ohio Supreme Court Opinion Summaries

The issue this case presented for the Ohio Supreme Court centered on whether whether oil-and-gas land professionals, who help obtain oil-and-gas leases for oil-and-gas-development companies, must be licensed real-estate brokers when they engage in the activities described in R.C. 4735.01(A) with respect to oil-and-gas leases. Specifically, the Court addressed address whether R.C. 4735.21 precluded a person not a licensed real-estate broker from bringing a cause of action to recover compensation allegedly owed for negotiating oil-and-gas leases. The Court concluded the plain language of R.C. 4735.01 did not exclude oil-and-gas land professionals or oil-and-gas leases from the relevant definitions set forth in the statute; appellants Thomas Dundics and his company, IBIS Land Group, Ltd., engaged in activities that required a real-estate-broker’s license and were precluded from bringing a cause of action to recover compensation for those activities. View "Dundics v. Eric Petroleum Corp." on Justia Law

The Supreme Court denied the writ of mandamus sought Relators seeking to compel the Board of Trustees of Perry Township in Stark County to place a tax levy on the November 6, 2018 ballot, holding that Relators did not establish that they were entitled to a writ of mandamus.The Board disqualified the proposed levy from the November 2018 ballot because Relators’ resolution and the proposed ballot language stated that the renewal and increase would have commenced in tax year 2018, the final year of the existing levy. The Supreme Court denied Relators’ request for a writ of mandamus, holding that Relators failed to establish that (1) the Board had a clear legal duty to place the proposed renewal-and-increase levy, commencing in the final year of the existing levy, on the ballot; or (2) Secretary of State Jon Husted failed to perform any clear legal duty. View "State ex rel. Perry Township Board of Trustees v. Husted" on Justia Law

In this expedited election case, the Supreme Court denied the writ of mandamus sought by Relators seeking to compel the Lucas County Board of Elections to place a proposed charter amendment on the November 6, 2018 general-election ballot, holding that the Board did not abuse its discretion.Relators submitted part-petitions in support of a proposed amendment to the Toledo City Charter entitled the Lake Erie Bill of Rights (LEBOR). The Board verified a sufficient number of petition signatures to qualify the measure for the ballot but refused to place the charter amendment on the ballot on the ground that it contained provisions that were beyond the authority of the City to enact. Relators then filed this expedited election complaint. The Supreme Court held that the Board did not abuse its discretion when it relied on this Court’s decision in State ex rel. Flak v. Betras, 95 N.E.3d 329 (Ohio 2017) to deny the request to place the LEBOR charter amendments on the ballot. View "State ex rel. Twitchell v. Saferin" on Justia Law

The Supreme Court affirmed Defendant’s conviction of aggravated murder and sentence of death, imposed after the case was remanded for resentencing, holding that none of Defendant’s propositions of law on appeal warranted reversal.Specifically, the Court held (1) the trial court did not err when it excluded testimony that Defendant sought to present as additional mitigating evidence in the time between the two sentencing hearings; (2) the trial court did not violate Defendant’s due process rights by refusing to empanel a new jury for the resentencing hearing; (3) trial counsel did not provide ineffective assistance at the resentencing hearing; (4) Defendant was not denied the opportunity to deny or explain evidence at the resentencing hearing; and (5) Defendant’s sentence of death was appropriate and proportional. View "State v. Goff" on Justia Law

The Supreme Court issued a writ of mandamus ordering the Board of Beavercreek Township Trustees and its members (collectively, the Board) to rescind two resolutions setting the annual salaries for two assistants to the Beavercreek Township Fiscal Officer and to consider a new compensation proposal submitted by the Fiscal Officer.The Supreme Court held (1) Ohio Rev. Code 507.021(A) authorized the Fiscal Officer to hire two assistants and to set compensation for those positions, subject to prior approval by the Board; (2) the Fiscal Officer’s request for a writ of mandamus compelling the Board to approve and fund the two assistant positions at the specific salaries proposed is denied because the Fiscal Officer did not demonstrate that the Board abused its discretion in denying her specific salary requests; but (3) the Board exceeded its authority when it adopted the resolutions setting the annual salaries for the two assistants. View "State ex rel. Beavercreek Township Fiscal Officer v. Graff" on Justia Law

The Supreme Court reversed the judgment of the Fourth District Court of Appeals denying the request for a writ of mandamus sought by the Cincinnati Enquirer and granted a writ of mandamus, holding that the Enquirer was entitled to review certain documents in the custody of the coroner’s office.An Enquirer reporter made a request to view preliminary autopsy and investigative notes and findings relating to the homicides of eight individuals in Pike County. The Pike County prosecuting attorney and Pike County’s medical examiner and coroner denied the request to review the records. The Enquirer then filed a complaint for a writ of mandamus asking the court of appeals to order the respondents to make the records available. The court of appeals denied the request, concluding that the autopsy reports were properly withheld because they constituted confidential law-enforcement investigatory records of the eight decedents and, therefore, were not subject to the journalist exception in Ohio Rev. Code 313.10(D), which provides that journalists be given access to review the preliminary autopsy reports of a county coroner. The Supreme Court reversed, holding that the court of appeals disregarded the plain language of section 313.10(D) in denying the Enquirer’s request for a writ of mandamus. View "State ex rel. Cincinnati Enquirer v. Pike County General Health District" on Justia Law

The Supreme Court denied the writ of mandamus sought by six Columbus electors (Relators) to compel members of the Franklin County Board of Elections (Respondents) to place a proposed city ordinance on the November 6, 2018 ballot, holding that Respondents did not abuse their discretion in excluding the measure from the ballot.If adopted, the proposal would establish a “Community Bill of Rights” related to water, soil, and air protection and prohibit certain oil and gas extraction activities within the City of Columbus. Respondents found that the proposed ordinance was beyond the city’s legislative power because it would create new causes of action. The Supreme Court agreed, holding that Respondents did not abuse their discretion in concluding that the proposed ballot measure was beyond the scope of the city’s legislative power. View "State ex rel. Bolzenius v. Preisse" on Justia Law

In this expedited elections case, the Supreme Court granted a writ of mandamus ordering Solon Director of Finance Matt Rubino to certify the sufficiency and validity of an initiative petition proposing an ordinance that would amend the city of Solon’s zoning map to create the Kerem Lake Mixed-Use District to the board of elections for placement on the November 2018 ballot, holding that Rubino abused his discretion by failing to certify the sufficiency and validity of the petition to the board by the August 8 deadline.After the August 8 deadline passed with no action on this initiative, the petition committee filed this mandamus action. The Supreme Court granted relief, holding (1) Ohio Rev. Code 731.28, rather than Article XIV of the Solon City Charter, imposed a duty on Rubino to certify the initiative petition to the board; and (2) the committee was entitled to its costs and reasonable attorney fees. View "State ex rel. Harris v. Rubino" on Justia Law

The Supreme Court dismissed this expedited relations case based on laches and denied the relator’s motion for leave to supplement the evidence.Relator, Citizens for Responsible Green Government, sought a writ of mandamus to compel Respondents, the City of Green, the City’s Finance Director, and the Summit County Board of Elections, to place a referendum on the November 6, 2018 general election ballot. The finance director declared the referendum petition “facially invalid and insufficient” on June 11, 2018, and the relator filed this mandamus complaint on August 6, fifty-six days later. The Supreme Court held (1) prejudice exists for purposes of a laches analysis in election cases when the relator files the complaint so close in time to the ninety-day cut off that expediting the proceedings becomes a practical necessity; and (2) laches barred the relief requested in this case due to the committee’s failure to exercise any diligence whatsoever. View "State ex rel. Citizens for Responsible Green Government v. City of Green" on Justia Law

In this action alleging that improprieties occurred during the recount of votes in sixteen Muskingum County precincts and seeking writs of mandamus to certify official election results that excluded all ballots cast in those sixteen precincts, the Supreme Court sua sponte dismissed the amended complaint for failure to state a claim.After the amended complaint was filed, Defendants filed a motion for judgment on the pleadings. The Supreme Court denied the motion but, based on its independent review, sua sponte dismissed the amended complaint for failure to state a claim because the relators failed to allege facts sufficient to establish causation - an essential element of undoing the election results. The Court then denied all eight remaining motions as moot. View "State ex rel. Leneghan v. Husted" on Justia Law