Justia Ohio Supreme Court Opinion Summaries

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The Supreme Court granted a writ of mandamus ordering the Delaware County Board of Elections to place Relator, Robert "Ben" Grumbles, on the November 2, 2021 election ballot as a candidate for a four-year term as an Orange Township trustee to commence on January 1, 2022, holding that Relator was entitled to the writ.The Board rejected Relator's nominating petition on the basis that he was currently serving a different four-year term commencing on January 1, 2020 as an Orange Township trustee and that Relator was ineligible to run for election to an office he already held. The Supreme Court granted the writ, holding that the board of elections abused its discretion and disregarded applicable law in rejecting Relator's candidacy because there is no statutory provision that bars Relator from being elected to a different seat on the same board of township trustees. View "State ex rel. Grumbles v. Delaware County Board of Elections" on Justia Law

Posted in: Election Law
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The Supreme Court granted a writ of mandamus to compel Whitehall City Attorney Michael T. Bivens to certify the sufficiency of Petitioners' referendum petition for the rejection or approval of a zoning ordinance in the city of Whitehall, holding that Petitioners were entitled to the writ.Bivens rejected the petition not he ground that Petitioners failed to comply with Ohio Rev. Code 731.32's requirement to submit a certified copy of the zoning ordinance to the city auditor before circulating their petition. The Supreme Court granted Bivens' writ petition, holding that that Bivens abused his discretion in determining that Petitioners' referendum petition was insufficient because they had not complied with section 731.32. View "State ex rel. Pennington v. Bivens" on Justia Law

Posted in: Election Law
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In this original action, the Supreme Court denied a writ of prohibition to prevent the Miami County Board of Elections from certifying Jessica Lopez's candidacy for municipal court judge to the November 2021 ballot, holding that Relator, Miami County Municipal Court Judge Gary Nasal, was not entitled to relief.Judge Nasal filed a protest with the Board challenging its decision to certify Lopez to the ballot as a candidate for municipal court judge in the November 2021 election. The Board denied the protest without explanation. Judge Nasal subsequently commenced this action for a writ of prohibition. The Supreme Court denied the writ, holding that the Board did not abuse its discretion or act in clear disregard of applicable law by denying the protest. View "State ex rel. Nasal v. Miami County Board of Elections" on Justia Law

Posted in: Election Law
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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

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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

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The Supreme Court affirmed the judgment of the court of appeals affirming the judgment of the common pleas court adopting the Kings Local School District Board of Education's appraisal as the basis for determining the value of property owned by Appellant that was leased for use as a Lowe's Home Centers store, holding that there was no error.On appeal, Appellant argued that the appraisal introduced by the school board was not competent evidence of the property's value because it did not value the "fee simple, as if unencumbered," as required by Ohio Rev. Code 5713.03. Specifically, Appellant asserted that a property must be appraised under the theory that a hypothetical sale of the property on the tax-lien date would involve the current tenant vacating the property at transfer. The Supreme Court affirmed, holding (1) the market-lease rule reflects the meaning of the phrase "fee simple estate, as if unencumbered"; and (2) the case law requiring adjustments of leased-fee comparable did not support Appellant's vacant-at-transfer rule. View "Rancho Cincinnati Rivers, LLC v. Warren County Board of Revision" on Justia Law

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The Supreme Court granted Guernsey County Juvenile Court Judge David Bennett's motion to dismiss this habeas corpus action against him and sua sponte dismissed this action as to Muskingum County Juvenile Court Magistrate Erin Welch, holding that the petition was procedurally defective and failed to state a claim for relief.Petitioner filed an amended petition for a writ of habeas corpus on behalf of his minor son, E.G., naming Judge Bennett and Magistrate Welch as respondents and alleging that E.G.'s current detention was illegal. The Supreme Court dismissed the action because (1) the amended petition was defective for failure to satisfy Ohio Rev. Code 2725.04(D); (2) Petitioner failed to name a proper respondent; and (3) Petitioner's amended petition failed to stat a valid claim for habeas relief. View "Gomez v. Bennett" on Justia Law

Posted in: Juvenile Law
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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

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The Supreme Court denied a writ of mandamus sought to compel Respondents - the village of Bridgeport, the village's clerk and mayor, and the Belmont County Board of Elections - to certify to the elections board the sufficiency and validity of an initiative petition, holding that Relator failed to file the petition with the village clerk.This case involved a "Sensible Marihuana Ordinance" initiative petition in the village of Bridgeport. Ohio Rev. Code 731.28 requires the proponents of initiative petitions to file the completed petitions with the city auditor or village clerk. When Respondents refused to accept the petition, Relator filed this action. The Supreme Court denied the writ, holding that because Relator did not comply with the requirement in section 731.28 that he file the signed petition with the village clerk, Relator was not entitled to the writ. View "State ex rel. Schmitt v. Bridgeport" on Justia Law

Posted in: Election Law
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The Supreme Court vacated Defendant's convictions of murder with capital specifications, aggravated burglary, kidnapping, and abuse of a corpse, holding that because the trial court accepted Defendant's guilty plea without first strictly complying with Crim.R. 11(C)(2)(c), Defendant's guilty plea was invalid.Specifically, the Supreme Court held that the trial court failed strictly to comply with the requirements for a valid plea colloquy under Crim.R. 11(C)(2)(c), and neither the prosecutor nor defense counsel brought the omitted constitutional rights to the court's attention at the time of the initial plea colloquy. Because this inattention was impermissible, especially in a case where a potential death sentence was at issue, the Supreme Court vacated Defendant's convictions and sentences and remanded the cause to the common pleas court for new proceedings. View "State v. Brinkman" on Justia Law