According to the Montgomery County Common Pleas Court, the Ohio law requiring a police officer to be present during operation of traffic cameras, SB 342 , violates the Home Rule provision of the Ohio Constitution. The Court granted a permanent injunction in favor of the City of Dayton to stop the state law from going […]
State legislation requiring police officers to be present, and imposing other restrictions on the operation of traffic cameras, SB 342 , will not go into effect in Toledo today. See Toledo Blade City gets stay of red-light camera law. A Lucas County judge granted Toledo a preliminary injunction halting the parts of state legislation from
Toledo Granted Preliminary Injunction to Halt State Traffic Camera Restrictions Read Post »
The City of Toledo sued the State of Ohio, seeking a temporary and permanent injunction to prevent Ohio’s new traffic camera legislation, SB 342 ,from going into effect. (See Toledo Blade, Toledo sues over traffic camera ban). SB 342 requires that a police officer be present when a traffic camera is in operation, making traffic
Toledo Sues State Over Traffic Camera Restrictions Read Post »
The City of Akron filed a lawsuit in order to stop recent traffic camera legislation from going into effect. SB 342 requires that a police officer be present when a traffic camera is in operation, making traffic cameras economically infeasible for most cities. The new law also creates procedural requirements and states that motorists can
Akron Files Lawsuit Challenging State Law Restrictions on Traffic Cameras Read Post »
A brief was filed in the U.S. Supreme Court on behalf of the Ohio petitioners seeking recognition in Ohio of their valid out-of-state same-sex marriages. The petitioners contend that the State of Ohio must list them as parents on their children’s birth certificates and recognize the spouse on death certificates if one partner dies. Petitioners
Even with the Ohio Statute prohibiting traffic cameras without a police officer present ( SB 342) and the Ohio Supreme Court’s ruling finding administrative appeals of traffic camera tickets constitutional (Walker v. City of Toledo, Slip Opinion No. 2014-Ohio-5461. ), there is still plenty of litigation around concerning traffic cameras. For example, in Butler County,
Traffic Camera Litigation Continues: Butler County Case Asserts Due Process Violations Read Post »
In State v. Brown, 6th Dist. No. WD-12-070, 2013-Ohio-5351, the Sixth District Court of Appeals found that evidence obtained from a traffic stop outside the officer’s jurisdiction had to be excluded pursuant to Art. I, Section 14 of the Ohio Constitution, which prohibits unlawful searches and seizures. The search and seizure did not violate the
The Supreme Court agreed to hear cases upholding bans in four states on same-sex marriages and recognition of same-sex marriages legally performed in other states. The four states involved are Ohio, Kentucky, Michigan and Tennessee. The Court accepted two issues for review: 1) Does the Fourteenth Amendment require a state to license a marriage between two
U.S. Supreme Court to Review Ohio Ban on Same-Sex Marriage Read Post »
Texas Eastern Transmission, a private Texas pipeline corporation, moved for immediate possession of land in Belmont County, Ohio, based upon federal approval of a pipeline route. See Texas Eastern Transmission, LP v. 3.2 Acres Permanent Easement and 4. Acres Temporary Easement of Land in Colerain Township, Belmont County, Ohio, S.D. Ohio, Case No. 2:14-cv-02650, MOTION
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 »