Justia Ohio Supreme Court Opinion Summaries
State ex rel. Combs v. Greene Cty. Bd. of Elections
The Supreme Court denied Relator's complaint seeking a writ of mandamus ordering the Greene County Board of Elections to verify the signatures on his petition and to certify his name to the November 5, 2019 general election ballot as a candidate for Xenia Township Trustee, holding that Relator did not establish a clear legal right to the relief he sought or a clear legal duty on the part of the Board to provide it.The Board rejected Relator's petition and did not complete its verification of the signatures because the circulator statement on each part-petition indicated forty-four signatures - the total number on the entire petition - rather than the number of signatures on the individual part-petition. The Supreme Court denied the writ of mandamus sought by Relator, holding that, under the circumstances of this case, Relator did not have a clear legal right to have his name certified to the ballot. View "State ex rel. Combs v. Greene Cty. Bd. of Elections" on Justia Law
Posted in:
Election Law, Government & Administrative Law
Village of Georgetown v. Brown County Board of Elections
The Supreme Court denied the writ of prohibition sought by the village of Georgetown to prevent the Brown County Board of Elections from placing a tax-levy-reduction measure on the November 5, 2019 general election ballot, holding that the village was not entitled to relief on either of its propositions of law.In opposition to placement of the levy-reduction measure on the ballot the village (1) alleged that the board acted unreasonably and arbitrarily when it found the petition contained a sufficient number of valid signatures, and (2) challenged the substantive validity of the ballot measure. The Supreme Court denied the requested writ, holding (1) the petition had a sufficient number of valid signatures; and (2) the board did not abuse its discretion by approving the levy-reduction measure for the ballot. View "Village of Georgetown v. Brown County Board of Elections" on Justia Law
Posted in:
Election Law
State ex rel. Cincinnati Enquirer v. Cincinnati
The Supreme Court denied the Cincinnati Enquirer's request for a writ of mandamus but granted an award of attorney fees and court costs, holding that the City of Cincinnati's redactions to body-camera footage were proper but that the Enquirer was entitled to reasonable attorney fees and court costs.The Enquirer requested public records, including body-camera footage taken by police officers' body cameras during the arrest of two men. The City denied the records request, and the Enquirer filed this original action for a writ of mandamus. The Supreme Court granted an alternative writ of mandamus and ordered the City to submit the body-camera videos to the court under seal. The City complied with the directive. Thereafter, the City provided the body-camera footage to the Enquirer but redacted the videos to obscure the faces of plainclothes officers who appeared in the footage. The Supreme Court concluded that the Enquirer was not entitled to a writ of mandamus because the City provided the requested videos and because the redactions were proper. However, the Court granted the Enquirer's request for reasonable attorney fees and costs. View "State ex rel. Cincinnati Enquirer v. Cincinnati" on Justia Law
Posted in:
Communications Law
State ex rel. Alford v. Toledo Correctional Institution
The Supreme Court affirmed the judgment of the court of appeals denying Appellant's request for a writ of mandamus to compel the Toledo Correctional Institution (TCI) to produce "all interoffice communications and emails" related to Appellant's efforts to obtain size-12EEE boots, holding that the court of appeals correctly rejected Appellant's mandamus claim.In denying relief, the court of appeals determined that Appellant failed to plead facts with sufficient specificity to determine whether the issuance of a writ of mandamus was warranted. The Supreme Court affirmed, holding that Appellant failed to show that TCI possessed any records responsive to Appellant's request, and therefore, Appellant did not establish a legal right to the production of any records or show that TCI had a legal duty to produce any records. View "State ex rel. Alford v. Toledo Correctional Institution" on Justia Law
Posted in:
Communications Law
Cleveland v. State
The Supreme Court reversed the judgment of the court of appeals affirming the trial court's order permanently enjoining enforcement of Ohio Rev. Code 9.75, which prohibits a public authority from requiring that contractors on public-improvement projects employ a specific number or percentage of the public authority's residents, holding that section 9.75 is a general law and prevails over local laws.The appellate court affirmed the trial court's order permanently enjoining enforcement of section 9.75, holding that Ohio Const. art. II, 34 did not authorize the General Assembly to infringe on the City of Cleveland's municipal home-rule authority under Ohio Const. art. XVIII, 3 to impose city-residency preferences in Cleveland's public-improvement contracts. The Supreme Court reversed and remanded the matter to the trial court to dissolve the injunction, holding that the statute provides for the comfort and general welfare of all Ohio construction employees and therefore supersedes conflicting local ordinances. View "Cleveland v. State" on Justia Law
Posted in:
Constitutional Law, Construction Law
State ex rel. Sands v. Culotta
In these consolidated appeals the Supreme Court affirmed the judgments of the court of appeals dismissing Appellant's petition for a writ of mandamus and second petition for a writ of mandamus, holding that even if the dismissals were based on an erroneous rationale, the dismissals were proper.Defendant was found guilty of several offenses. The court of appeals affirmed the convictions and sentence. Defendant later filed a petition for a writ of mandamus claiming that the trial judge had a legal duty to charge him by way of criminal complaint and that the common pleas court lacked subject matter jurisdiction because a criminal complaint was not filed. In his second mandamus petition Appellant sought an order to compel the trial judge to hold a new sentencing hearing and issue a new order dismissal all but one of his convictions. The court of appeals dismissed both petitions, concluding that Appellant's claims were barred by res judicata. The Supreme Court affirmed, holding that even if the court of appeals erred in granting the motions to dismiss based on res judicata the dismissals were proper because Appellant had an adequate remedy in the ordinary course of law. View "State ex rel. Sands v. Culotta" on Justia Law
Posted in:
Criminal Law
Rieger v. Giant Eagle, Inc.
In this personal injury case, the Supreme Court reversed the decision of the court of appeals affirming the trial court's compensatory damages award, holding that there was insufficient evidence as a matter of law establishing causation to support Plaintiff's claims of negligence and negligent entrustment against Defendant, Giant Eagle, Inc.Plaintiff was at the Giant Eagle grocery store when her shopping cart was hit by a Giant Eagle motorized cart driven by another customer. Plaintiff, who was injured as a result of the collision, brought this action against Defendant. The jury found that Giant Eagle was negligent and that Giant Eagle's negligence was the proximate cause of Plaintiff's injuries. The court of appeals affirmed the trial court's judgment. The Supreme Court reversed, holding that there was insufficient evidence of causation as a matter of law to support the claims of negligence and negligent entrustment against Defendant. View "Rieger v. Giant Eagle, Inc." on Justia Law
Posted in:
Personal Injury
State ex rel. Hasselbach v. Sandusky County Board of Elections
The Supreme Court granted a writ of mandamus to compel the Sandusky County Board of Elections to place a referendum petition concerning a city zoning ordinance on the November 2019 general election ballot, holding that the board's decision was contrary to law.The board excluded the petition from the ballot upon finding that the city zoning ordinance was properly passed as an emergency measure and was therefore not subject to referendum. The Supreme Court reversed, holding that the ordinance failed to state an emergency under Ohio Rev. Code 731.30 and was not properly enacted as an emergency measure. Therefore, the ordinance was subject to referendum. View "State ex rel. Hasselbach v. Sandusky County Board of Elections" on Justia Law
Posted in:
Election Law, Zoning, Planning & Land Use
Walsh v. Walsh
The Supreme Court reversed the judgment of the court of appeals affirming the trial court's judgment approving the decision of the magistrate granting Sandra Walsh's motion for relief from judgment under Civ.R. 60(B)(4) and (5), holding that the trial court lacked jurisdiction to modify the length of the marriage stated in the divorce decree.Todd and Sandra Walsh memorialized their agreement in a consent judgment of divorce, which the trial court adopted as a final decree of divorce. Later, the magistrate granted Sandra's Civ.R. 60(B) motion and altered the divorce decree by changing the marriage term and ordering that Sandra was to receive fifteen percent of Todd's retirement pay per month. The court of appeals affirmed. The Supreme Court reversed, holding that the trial court lacked authority to modify the divorce decree. View "Walsh v. Walsh" on Justia Law
Posted in:
Family Law
State ex rel. Save Your Courthouse Committee v. City of Medina
The Supreme Court dismissed Save Your Courthouse Committee's action seeking a writ of prohibition against the city of Medina and its director of finance (collectively, the municipal respondents) and denied the mandamus claim on the merits, holding that the committee could not show that article II, section 1g of the Ohio Constitution imposes a duty to allow ten days to gather additional signatures in support of a municipal initiative petition.The committee prepared an initiative petition that would allow city electors to vote on a courthouse project. The petition did not have enough valid signatures to qualify for the ballot. When a committee member asked the board of elections to afford the committee ten additional days to gather signatures, the board denied the request. The committee then filed its complaint for writs of prohibition and mandamus. The Supreme Court denied relief, holding (1) because the city did not exercise quasi-judicial authority, prohibition was not available to block the ordinance; and (2) the committee failed to show that the board had a duty to allow ten extra days to gather additional signatures for the municipal initiative petition. View "State ex rel. Save Your Courthouse Committee v. City of Medina" on Justia Law
Posted in:
Election Law, Government & Administrative Law