Senator Sandra Williams has recently introduced a Senate Joint Resolution proposing an amendment to the Ohio Constitution. Senate Joint Resolution 6 would “amend Section 10 of Article I of the Constitution of the State of Ohio to allow the prosecutor in a felony case to elect to prosecute upon a finding of probable cause by […]
Proposed Amendment Read Post »
The Ohio Supreme Court held that a “Community Bill of Rights” charter amendment, which would ban fracking in Youngstown, must go on the ballot. See Alliance Review, Court orders anti-fracking issue back on ballot in Youngstown The Mahoning County Board of Elections had refused to put it on the ballot, stating that it was contrary
Youngstown Anti-Fracking Charter Amendment Must Be on Ballot, Ohio Supreme Court Says Read Post »
State ex rel. Wilen v. Kent, Slip Opinion No. 2015-Ohio-3763. A city charter can not require a higher number of signatures in order to get a proposed charter amendment on the ballot than what is required by the Ohio Constitution Article XVIII, Section 9. Docket. See Cleveland.com Ohio Supreme Court rules Kent officials unconstitutionally blocked
City Charter Can Not Require More Signatures for Ballot Issue Than Ohio Constitution Read Post »
State ex rel. Walker v. Husted, Slip Opinion No. 2015-Ohio-3749. In determining whether a petition to adopt a county charter can be placed on the ballot, the Secretary of State may not deny the petition because it believes provisions of the charters would violate the Ohio Constitution by unconstitutionally interfering with the state’s exclusive authority
County Charters Restricting Oil and Gas Operations will not be on the Ballot Read Post »
Beck Energy filed a mandamus action in the Ohio Supreme Court, seeking to vacate a stop work order issued by Munroe Falls to halt work on the Sunoco well. Beck Energy seeks a declaration that: “The Home Rule Amendment to the Ohio Constitution, Article XVIII,Section 3, does not allow Munroe Falls to enact a zoning
Beck Energy Challenges Munroe Falls Zoning Ordinances Which Prohibit Drilling Read Post »
Ohio’s budget act, HB 64, requires that municipalities operating traffic cameras in violation of state restrictions lose local government funding from the state in the amount equal to the fines collected from the cameras. The Ohio legislature recently enacted restrictions on traffic cameras, such as requiring police officers to be present, and other restrictions. See SB 342. Several county
The Ohio Supreme Court held that an extraterritorial search, prohibited by RC 4513.39, can violate the Ohio Constitution’s provision against search and seizures, Ohio Constitution, Art. I, Section 14, even though the search did not violate the U.S. Constitution as there was probable cause for the search. See CourtNewsOhio, Officer Had No Authority to Make
The Ohio Supreme Court heard oral arguments today to determine whether inclusion of a prison privatization measure in state budget legislation violates the Ohio Constitution’s one subject rule. The case is State ex rel. Ohio Civil Service Employees Association v. State , Ohio Supreme Court case no. 2014-0319. (Docket, Oral Argument Preview). Also at issue
In Hillenmeyer v. Cleveland Bd. of Rev., Slip Opinion No. 2015-Ohio-1623, the Ohio Supreme Court found that: Cleveland’s use of the games-played method violates due process as applied to NFL players such as Hillenmeyer. Under the duty-days method, which provides due process and satisfies Cleveland’s municipal-income-tax ordinance, Hillenmeyer is entitled to a partial refund of
Cleveland’s Jock Tax Violates Due Process, but not Equal Protection Read Post »
In State v. Bode, Slip Opinion No. 2015-Ohio-1519, the Ohio Supreme Court in a 4-3 decision held that a defendant’s juvenile adjudication of delinquency for DUI could not enhance the penalty for a later adult sentence for DUI, when there was no defense counsel at the juvenile adjudication, and there was no waiver of the