Opinion

Krause v. State

  • 31 Ohio St. 2d 132
  • 60 Ohio Op. 2d 100
  • 285 N.E.2d 736
  • 1972 Ohio LEXIS 408
Court
Ohio Supreme Court
Filed
Jul 19, 1972
Status
Published
Author
Schneider
On the bench
Beoww, Brown, Corrigan, Herbert, Leach, Neill, Oorrigan, Schneider, Stern
Cited by
124 cases

Overruled on other grounds by Schenkolewski v. Cleveland Metroparks System, 67 Ohio St. 2d 31 (1981)

Ohio courts have found that art. I, § 16, is not self-executing, and statutory consent is a prerequisite to such suits. It does not authorize actions against the state, but empowers the legislature to enact legislation providing for suits against the state.

How later courts described this case

  • Ohio courts have found that art. I, § 16, is not self-executing, and statutory consent is a prerequisite to such suits. It does not authorize actions against the state, but empowers the legislature to enact legislation providing for suits against the state.
  • constitutional provision inserted "to abolish the defense of governmental immunity ... not to make the state amenable to suit without its express consent”

Written by the judges who cited it.

Later courts went against this

  • Overruled on other grounds by Schenkolewski v. Cleveland Metroparks System, 67 Ohio St. 2d 31 (1981)

    31 Ohio St.2d 132, 145 (1972), overruled on other grounds by Schenkolewski v. Cleveland Metroparks Sys., 67 Ohio St.2d 31
    Ohio Supreme CourtJul 1, 19819 citing opinionsother groundsRead it

The opinion

Schneider, J.,

concurring. To answer further appel-lee’s claim that the adoption of the Buies of Civil Procedure validates his action, I would hold that Section 5(B) of Article IV of the Ohio Constitution cannot be construed as meaning that the rule-making power includes the power to create courts or to confer jurisdiction upon existing courts.

To hold that it does would be to ignore specific lan *148 guage to the contrary contained in Sections 1, 2(B), 3(B), 4(B), 15, 18 and 19 of Article IV..

Whether or not such powers are properly, although historically, delegable by a constitution to the legislative branch, they have never, in this country, been assigned to, or arrogated by, the judicial branch.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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