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 »
The Ohio Supreme Court held that City of Munroe Falls’ ordinances requiring drillers to get a conditional zoning certificate, pay a deposit for a performance bond, hold a public hearing and a wait a year before drilling were preempted by State law regulating drilling. Justice French wrote the lead opinion joined by Justices O’Connor and
Recently enacted Ohio legislation, H.B. 5, imposes numerous changes on municipal taxes, including: Employers do not have to withhold municipal tax for an employee until the employee has worked 20 days in the municipality (it used to be 12). For municipal tax purposes, companies can carry forward net operating losses for five years to offset
Does the Ohio Municipal Tax Reform Act Violate Home Rule? Read Post »
The Ohio Supreme Court held that administrative appeals of traffic camera tickets did not unconstitutionally usurp the powers of municipal courts as set forth in the Ohio Constitution. The case involved the City of Toledo’s practice of diverting challenges to traffic camera violation notices to an administrative hearing officer set up within the police department.
Traffic Camera Appeals Process is Constitutional, Ohio Supreme Court Rules 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 Ohio Supreme Court will hear oral arguments on January 14, 2015 on whether Cleveland’s 2% municipal income tax on professional sports players from visiting teams violates the player’s Equal Protection rights under the U.S. and Ohio Constitutions. See Hillenmeyer v. City of Cleveland Board of Review, Ohio Supreme Court Case No. 2014-0285. The City of
City of Cleveland v. State of Ohio, 2014-Ohio-86. The state law governing tow-truck operations (R.C. 4921.25) is a general law, however, the second sentence of the statute violates the Ohio Constitution’s Home Rule Amendment. The following language is severed from the statute, “Such an entity is not subject to any ordinance, rule, or resolution of
Cities Have Home Rule Power to Regulate Tow Trucks, Supreme Court Rules Read Post »
The Ohio Supreme Court will decide whether 2004 Ohio HB 278, which preempts municipalities and other local governments from regulating oil and gas drilling, violates the Ohio Constitution’s Home Rule provision, Ohio Constitution Article XVIII, Section 7. H.B. 278 declared that the Division of Mineral Resources Management in the Department of Natural Resources has
The Ohio Supreme Court will hear oral arguments in City of Cleveland v. State of Ohio, Case no. 2012-1616 on Wednesday, August 21, 2013. The issue is whether state law governing tow-truck operations (R.C. 4921.25) is a comprehensive, statewide legislative framework and a general law that meets the Supreme Court’s test in Canton v. State,
Does the State Tow Truck Law Violate Home Rule? – Oral Argument Read Post »