Justia Ohio Supreme Court Opinion Summaries

The Supreme Court affirmed the decision of the Board of Tax Appeals (BTA) finding that the “casualty-loss exception” to the general rule prohibiting successive valuation complaints within the same triennium applied in this case.Appellees filed a new valuation complaint for tax year 2013 even though they had already filed a complaint challenging the 2012 valuation of their property. The Board of Revision (BOR) ordered no change in value for 2013. The BTA found that the casualty-loss exception applied because Appellees’ evidence of damage to the property was not “truly considered” in determining the property’s value for 2012 and that the tax-year-2013 complaint was permissible. The Supreme Court affirmed, holding that the BTA acted reasonably and lawfully in determining that the BOR had jurisdiction over Appellees’ tax-year-2013 complaint. View "Glyptis v. Cuyahoga County Board of Revision" on Justia Law

The Supreme Court denied Relator’s motion for leave to amend his complaint and denied the writ of mandamus he sought to compel Respondents, the City of Columbus and the Franklin County Board of Elections, to remove a proposal to amend the Columbus city charter from the May 8, 2018 ballot.On March 9, 2018, Relator filed a formal protest against the proposed charter amendment, arguing that it was substantively unconstitutional and that the summary language was false and deceptive. Three days later, the office of Ohio Secretary of State Jon Husted approved the final ballot language. The board of elections then informed Relator it would not hold a hearing on his protest. Relator then filed this complaint against the city and the board of elections seeking a writ of mandamus. The Supreme Court (1) denied the writ, holding that the language of the proposed Columbus charter conveyed enough information for voters to know what they were being asked to vote on; and (2) denied as moot the motion for leave to amend the complaint to name Husted as a respondent. View "State ex rel. Schuck v. Columbus" on Justia Law

The Supreme Court denied writs of mandamus sought by Relators to compel respondent members of the Columbus City Council to approve an ordinance placing a proposed city-charter amendment on the May 8, 2018 ballot and to compel respondent Franklin County Board of Elections to place the proposed amendment on the ballot. The Court held (1) Relators’ petition was insufficient because it did not comply with the plain and unambiguous language of the one-proposal rule in Columbus Charter 42-2(d), and therefore, the Columbus City Council had no clear legal duty to place Relators’ petition for charter amendment on the ballot; and (2) the Franklin County Board of Elections had no clear legal duty to place Relators’ petition for charter amendment on the ballot because the city council had not passed an ordinance approving the placement of the amendment on the ballot. View "State ex rel. Beard v. Hardin" on Justia Law

The Supreme Court denied writs of mandamus sought by Relators to compel respondent members of the Columbus City Council to approve an ordinance placing a proposed city-charter amendment on the May 8, 2018 ballot and to compel respondent Franklin County Board of Elections to place the proposed amendment on the ballot. The Court held (1) Relators’ petition was insufficient because it did not comply with the plain and unambiguous language of the one-proposal rule in Columbus Charter 42-2(d), and therefore, the Columbus City Council had no clear legal duty to place Relators’ petition for charter amendment on the ballot; and (2) the Franklin County Board of Elections had no clear legal duty to place Relators’ petition for charter amendment on the ballot because the city council had not passed an ordinance approving the placement of the amendment on the ballot. View "State ex rel. Beard v. Hardin" on Justia Law

The Supreme Court denied the writ of mandamus requested by Jonathan Heavey and Adam Hudak certifying their names to the May 8, 2018 ballot as candidates for the Democratic Party’s nominees for governor and lieutenant governor, respectively, holding that Heavey and Hudak failed to show, by clear and convincing evidence, a legal right to have their names placed on the May 8 ballot.Because the county boards of elections verified the validity of only 854 signatures in Heavey and Hudak’s part-petitions, Secretary of State Jon Husted did not certify Heavey and Husted as candidates for the May 8 ballot. In their present action, Heavey and Hudak alleged that Husted and the boards disregarded applicable law by rejecting at least 146 valid signatures. The Supreme Court denied relief, holding that Heavey and Hudak did not present clear and convincing evidence that they were at least 146 erroneously-rejected signatures. View "State ex rel. Heavey v. Husted" on Justia Law

The Supreme Court denied the writ of mandamus requested by Jonathan Heavey and Adam Hudak certifying their names to the May 8, 2018 ballot as candidates for the Democratic Party’s nominees for governor and lieutenant governor, respectively, holding that Heavey and Hudak failed to show, by clear and convincing evidence, a legal right to have their names placed on the May 8 ballot.Because the county boards of elections verified the validity of only 854 signatures in Heavey and Hudak’s part-petitions, Secretary of State Jon Husted did not certify Heavey and Husted as candidates for the May 8 ballot. In their present action, Heavey and Hudak alleged that Husted and the boards disregarded applicable law by rejecting at least 146 valid signatures. The Supreme Court denied relief, holding that Heavey and Hudak did not present clear and convincing evidence that they were at least 146 erroneously-rejected signatures. View "State ex rel. Heavey v. Husted" on Justia Law

The Supreme Court granted the writ of mandamus requested by Jason Stevens to compel the Fairfield County Board of Elections to issue a certificate of nomination to certify Stevens’s name for placement on the May 8, 2018 primary-election ballot as a candidate for election to the Ohio Democratic Party State Central Committee.Stevens filed a petition to appear on the May 8 primary ballot as a Democratic candidate. The Board voted to deny Stevens access to the ballot because his voting history did not show he was a member of the Democratic Party. The Supreme Court granted the relief requested by Stevens, holding that, based on the plain language of Ohio Rev. Code 3513.05, Stevens satisfied the statutory requirements to stand for election to the Ohio Democratic Party state Central Committee, and the Board thus abused its discretion and acted in clear disregard of applicable legal provisions when it disallowed his candidacy. View "State ex rel. Stevens v. Fairfield County Board of Elections" on Justia Law

The Supreme Court granted the writ of mandamus requested by Jason Stevens to compel the Fairfield County Board of Elections to issue a certificate of nomination to certify Stevens’s name for placement on the May 8, 2018 primary-election ballot as a candidate for election to the Ohio Democratic Party State Central Committee.Stevens filed a petition to appear on the May 8 primary ballot as a Democratic candidate. The Board voted to deny Stevens access to the ballot because his voting history did not show he was a member of the Democratic Party. The Supreme Court granted the relief requested by Stevens, holding that, based on the plain language of Ohio Rev. Code 3513.05, Stevens satisfied the statutory requirements to stand for election to the Ohio Democratic Party state Central Committee, and the Board thus abused its discretion and acted in clear disregard of applicable legal provisions when it disallowed his candidacy. View "State ex rel. Stevens v. Fairfield County Board of Elections" on Justia Law

The Supreme Court granted the writ of mandamus sought by Relator to compel Respondent, the Delaware County Board of Elections, to place a referendum on the May 8, 2018 ballot.Relator submitted a petition for a referendum proposing a zoning amendment. The board of elections verified that the petition had a sufficient number of valid signatures and certified the petition to appear on the May 2018 ballot. Two interested parties protested against the legitimacy of the referendum. After a hearing, the elections board approved a motion to sustain the protest and decertify the measure based upon the sufficiency of the summary contained within the petition. As a result, the referendum petition was not certified for placement on the May ballot. Relator then filed the present complaint for a writ of mandamus against the board of elections. The Supreme Court granted the writ, holding that, on the merits, the elections board erred in refusing to place the referendum on the ballot because the petition satisfied the requirements of Ohio Rev. Code 519.12(H). View "State ex rel. Quinn v. Delaware County Board of Elections" on Justia Law

The Supreme Court granted the writ of mandamus sought by Relator to compel Respondent, the Delaware County Board of Elections, to place a referendum on the May 8, 2018 ballot.Relator submitted a petition for a referendum proposing a zoning amendment. The board of elections verified that the petition had a sufficient number of valid signatures and certified the petition to appear on the May 2018 ballot. Two interested parties protested against the legitimacy of the referendum. After a hearing, the elections board approved a motion to sustain the protest and decertify the measure based upon the sufficiency of the summary contained within the petition. As a result, the referendum petition was not certified for placement on the May ballot. Relator then filed the present complaint for a writ of mandamus against the board of elections. The Supreme Court granted the writ, holding that, on the merits, the elections board erred in refusing to place the referendum on the ballot because the petition satisfied the requirements of Ohio Rev. Code 519.12(H). View "State ex rel. Quinn v. Delaware County Board of Elections" on Justia Law