If the county auditor includes the value of a lease in the taxable value of a property, does this violate the Ohio Constitution? The Ohio Supreme Court will hear oral arguments on this issue in HIN, LLC v. Cuyahoga County Board of Revision, the Cuyahoga County Fiscal Officer, and the Bedford Board of Education, Case […]
On April 10, 2013, the Ohio Supreme Court will hear oral arguments in State v. Boykin, Case nos. 2012-0808 and 2012-1216. The issue is: When the governor grants an unconditional pardon of an offender’s criminal convictions, does that action entitle the offender to have the court records of his or her pardoned convictions sealed? Appellant’s
Does Governor’s Pardon Entitle Offender to Sealing of Records? Read Post »
A divided Ohio Supreme Court agreed to hear proposition of law number 3, the standing issue, in ProgressOhio.org, Inc. v. JobsOhio, 2012-1272. Docket. Here is a Plain Dealer article on the decision. There is an interesting pro-standing amicus brief by the conservative group, the 1851 Center. Besides the standing issue, appellant’s other propositions of law
Supreme Court will Hear Standing Issue in JobsOhio Case Read Post »
Does a provision of the DNA testing statute violate the Ohio Constitution (Article IV, sections 2(B)(2)(c) and 3(B)(2)) by mandating that the denial of applications for postconviction DNA testing in death penalty cases must be appealed directly to the Supreme Court of Ohio rather than to an intermediate court of appeals? Oral argument preview. State
Ohio Supreme Court dismissed mandamus action by JobsOhio which asked the Court to rule on the constitutionality of the legislation creating JobsOhio. The court dismissed because it lacked original jurisdiction to grant a motion for a declaratory judgment. State ex rel. JobsOhio v. Goodman, 2012 -Ohio- 4425.
Supreme Court Dismisses Mandamus Action re. Constitutionality of JobsOhio Read Post »
Eighth District Court of Appeals finds that Home Rule Provision violated by State law preempting municipal tow truck regulation. Cleveland v. State, 8th Dist. No. 97679, 2012-Ohio-3572
Eighth District Holds State Tow Truck Law Violates Home Rule Read Post »
Franklin County Common Pleas Court held that liberal group ProgressOhio lacked standing to pursue a constitutional challenge to the JobsOhio Act, specifically R.C. 187.01 et seq. and R.C. 4313.01 et seq., 129 General Assembly Am.Sub.H.B. No. 1 and amended by 129th G.A. Am.Sub.H.B. No. 153. ProgressOhio.org, Inc. v. JobsOhio , 2012-Ohio-2655. Columbus Dispatch Article.
Cuyahoga County Common Pleas Court holds that an Ohio Statute, which prohibiting cities from enacting bans on transfats, violates the Ohio Constitution Home Rule provisions. The statute held unconstitutional is 129th G.A. Am. Sub. H.B. 153, changes to O.R.C. 3717.53. Akron Beacon Journal Article. Screenshot showing judge’s order. (Just hit Control+ a couple times to
Franklin County Court judge dismissed lawsuit filed by citizens that challenged the constitutionality of video lottery terminals at cacinos. The dismissal was based on lack of standing. See Plain Dealer Article and dismissal order in State ex rel. Walgate, Franklin County Case No. 11-CVH- 10 13126.
No Standing for Constitutional Challenge to Video Lottery Terminals at Racinos Read Post »