Justia Ohio Supreme Court Opinion Summaries

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

The Supreme Court affirmed the decision of the Board of Tax Appeals upholding the final determination by the tax commissioner assessing a use tax against Appellant, holding that the Board did not err in upholding that tax commissioner's final determination.The challenged assessment in this action related to items used in the construction of a data center that Appellant contracted to have built. The Supreme Court affirmed the Board's decision upholding the use tax assessed against Appellant, holding (1) Appellant failed to cite to any authority to support its argument that it was not liable for the use tax because a contractor had already paid it on the items in question; (2) Appellant forfeited the arguments under its third and fourth positions of law; and (3) Appellant's first and second propositions of law were moot. View "PCM, Inc. v. Harris" on Justia Law

The Supreme Court denied this action brought by Jennifer Giroux and Thomas Brinkman (collectively, Giroux) challenging an initiative petition to place a proposed constitutional amendment on the November 7, 2023 ballot, holding that Giroux failed to show that Ohio law required invalidating the petition.At issue was a petition proposing a constitutional amendment entitled "Right to Reproductive Freedom with Protections for Health and Safety." Giroux brought this challenge alleging that the petition did not comply with Ohio Rev. Code 3519.01(A). The Supreme Court denied relief, holding that section 3519.01(A) does not require a petition proposing a constitutional amendment to include the text of the existing statute, and Giroux's challenge failed for this reason. View "Giroux v. Committee Representing Petitioners" on Justia Law

The Supreme Court granted a peremptory writ of mandamus ordering Jennifer Harkey, the finance director of the City of Maumee, to transmit a referendum petition to the Lucas County Board of Elections, holding that it was beyond doubt that Petitioner was entitled to a writ of mandamus.Petitioner was a committee member who was attempting to place a referendum of an ordinance passed in March 2023 relating to requirements for non owner-occupied residential property on the ballot for the November 2023 election. Petitioner brought this action seeking a writ of mandamus ordering Harkey to transmit immediately the referendum petition to the Board. The Supreme Court granted the writ, holding that Harkey had a mandatory, ministerial duty to transmit the referendum petition to the Lucas County Board of Elections. View "State ex rel. LaChapelle v. Harkey" on Justia Law

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

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

The Supreme Court affirmed the judgment of the of the court of appeals dismissing Appellant's petition for a writ of habeas corpus, holding that Appellant did not comply with Ohio Rev. Code 2969.25(C).Defendant was found guilty on multiple felony counts and sentenced to twenty years in prison. While incarcerated, Defendant filed a petition for a writ of habeas corpus. The court of appeals granted the warden's motion to dismiss on the grounds that, among other things, Defendant's claim failed to comply with Ohio Rev. Code 2969.25(C). The Supreme Court affirmed, holding that the court of appeals did not err in finding Defendant's noncompliance with section 2969.25(C) to be a basis for dismissal. View "State ex rel. Sands v. Lake County Common Pleas" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the Ohio Board of Tax Appeals (BTA) that some of Taxpayer's equipment used in fracking was subject to Ohio's sales and use tax, holding most of the equipment at issue was exempt from taxation.While Ohio law generally exempts from taxation equipment used direction in oil and gas production not everything in the production of oil and gas qualifies for the exemption. After Taxpayer purchased equipment for use in its fracking operations the tax commissioner issued use-tax assessments, one for each piece of equipment. The commissioner then canceled about half the assessments. The BTA affirmed. The Supreme Court reversed in part, holding that equipment consisting of blenders, hydration units, chemical-additive units, t-belts, and sand kings are tax exempt. View "Stingray Pressure Washing, L.L.C. v. Harris" on Justia Law

The Supreme Court vacated the judgment of the court of appeals in this case challenging the constitutionality of the Ohio Liquor Control Commission's emergency rule that was adopted as part of the state's initial response to the COVID-19 pandemic, holding that this appeal and the underlying case were moot.The Commission cited Appellant for violating Rule 80, which was adopted through the emergency procedures prescribed under Ohio Rev. Code 119.03(G). Appellant appealed the order and then initiated a separate civil action for declaratory judgment challenging the constitutionality of the rule. Rule 80 then expired. The trial court dismissed the declaratory judgment action because of the pending administrative appeal. The appellate court affirmed. The Supreme Court vacated the court of appeals' judgment, holding that this case was moot. View "Highland Tavern, L.L.C. v. DeWine" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals denying a writ of prohibition preventing Judge Peter J. Corrigan from proceeding in a declaratory judgment and preliminary injunction action, holding that Judge Corrigan did not lack jurisdiction to proceed in the case.United Twenty-Fifth Building, LLC sued Jessica Maron, a party to a pending divorce case, alleging that Jessica was interfering with an easement involving a multistory building in Cleveland. Specifically, United argued that Jessica was preventing access to the building's elevator, lobby, and stairwell and delaying the construction of a restaurant in the building. Jessica filed a prohibition petition seeking to prevent Judge Corrigan from exercising jurisdiction in United's case because, under the jurisdictional-priority rule, Judge Corrigan patently and unambiguously lacked jurisdiction to proceed because the case involved property that may be subject to equitable division in her divorce case. The court of appeals denied the writ. The Supreme Court affirmed, holding that Jessica failed to show that the jurisdictional-priority rule applied under the circumstances of this case. View "State ex rel. Maron v. Corrigan" on Justia Law