The Ohio Supreme Court continues to decide cases involving the Ohio Constitution. In 2023, the court issued 23 opinions that addressed directly or indirectly the Ohio Constitution. These cases were listed in an in earlier OCN post and summarized under the Court Decisions menu on the website. See link. And in the first quarter of […]
The Second District Court of appeals held that SB 342 did not violate the Ohio Constitution’s home rule provisions. SB 342 requires police officers to be present when traffic cameras are operating, and imposes other restrictions on the use of traffic cameras. The Montgomery County Common Pleas Court ruled that these provisions violated the City
Appeals Court Rules State Restrictions on Traffic Cameras are Constitutional Read Post »
In State ex rel. Ullmann v. Husted, 2015-Ohio-3120, the Franklin County Court of Appeals held that an individual suing for mandamus relief from the JobsOhio statute did not have standing under the public rights doctrine. The relator asked the court to not only declare the law creating JobsOhio unconstitutional, but also to direct state officeholders
Tenth District Holds No Standing in Second Attempt to Challenge JobsOhio Read Post »
Judge Myron C. Duhart of the Lucas County Common Pleas Court found that Ohio’s budget bill passed in 2013, H.B. 59, violates the one subject rule of the Ohio Constitution. H.B. 59’s provisions banning public hospitals from making transfer agreements with abortion clinics had no common purpose with the rest of the budget bill.
The Cuyahoga County Court of Common Pleas struck down Broadview Heights’ drilling prohibitions as preempted by ORC Chapter 1509. See Bass Energy, Inc. v. City of Broadview Heights, Cuyahoga Common Pleas Court Case no. CV-14-828074, Opinion and Judgment Entry (Mar. 10, 2015). Following the recent Ohio Supreme Court decision, State ex rel. Morrison v. Beck
Broadview Heights Drilling Ban Preempted by Ohio Statutes Read Post »
In Bass Energy, Inc. v. City of Broadview Heights, Cuyahoga Common Pleas Court Case no. CV-14-828074, two oil and gas companies sued the City of Broadview Heights, seeking a declaratory judgment to declare the city’s ban on drilling invalid. The City claims the ban is protected by the Home Rule provision of the Ohio Constitution,
Oil and Gas Company Sues Ohio Suburb over Gas Drilling Ban Read Post »
The Eighth District Court of Appeals held that Cleveland’s quasijudicial enforcement procedures for traffic camera tickets violated the Ohio Constitution Article IV, Section 1. Cleveland’s enforcement system, where drivers challenging a ticket appear before a city hearing officer, unconstitutionally impaired the jurisdiction of the Cleveland Municipal Court. Jodka v. Cleveland, 2014-Ohio-208 The decision will likely
Eighth District Holds Traffic Camera QuasiJudicial Enforcement Process Unconstitutional Read Post »
The Eighth District Court of Appeals held that giving city employees bonus points on promotional exams for living in Cleveland violates the Ohio Constitution, Article XV, Section 10. Cleveland Firefighters Assn. v. Cleveland, 2013-Ohio-5439. Ohio Constitution, Article XV, Section 10 states: Appointments and promotions in the civil service of the state, the several counties, and
Eighth District Holds Cleveland’s Residency Bonus Points Unconstitutional Read Post »
The Sixth District Court of Appeals ruled that an extraterritorial traffic stop by Lake Township Police Department officer on a State highway violated the defendant’s rights under Article 1, Section 14 of the Ohio Constitution. “[In Atwater v. Lago Vista] a stop, even if in violation of state law, is not unreasonable under the Fourth
Traffic Stop Violates Ohio Constitution Because Township Officer Lacked Authority Read Post »
Douglas E. Priest and Wynette J. McNutt each filed lawsuits in the Franklin County Common Pleas Court challenging the constitutionality of red light camera procedures. The arguments in these suits are similar to Bradley Walker’s suit, which was recently appealed to the Ohio Supreme Court (see our prior post). The suits argue that ticket appeals to
More Lawsuits Challenge Constitutionality of Red Light Camera Appeal Procedures Read Post »