Case law

Board of Education v. Walter

58 Ohio St. 2d 368 · Ohio Supreme Court · Jun 13, 1979

S. (1 Cranch) 137 , establishes the judicial branch as the final arbiter in interpreting the Constitution. The doctrine of judicial review is so well established that it is beyond cavil. … The Education Review Committee was established in 1973 and continues to function.

Bird & Son, Inc. v. Limbach

45 Ohio St. 3d 76 · Ohio Supreme Court · Aug 23, 1989

Glander, supra, at 409, 47 O.O. at 314,105 N.E. 2d at 650, and that exemptions from sales or use taxation “are to be strictly construed, and one claiming exemption must affirmatively establish his right thereto.” … As noted earlier, the mere fact that these items are essential to production does not qualify them for exception as adjuncts pursuant to former R.C. 5739.01(S).

State ex rel. Leneghan v. Husted (Slip Opinion)

154 Ohio St. 3d 60 · Ohio Supreme Court · Aug 23, 2018

The Muskingum Board asserts that relators cannot establish the violation of a clear legal duty because R.C. 3514.04 does not exist and R.C. 3504.04 clearly does not apply.4 {¶ 15} This is a frivolous argument. … A “written instrument” attached to a complaint or answer also qualifies as part of the pleadings for all purposes. Civ.R. 10(C).

Columbus Bar Assn. v. Bulson

175 Ohio St. 3d 1 · Ohio Supreme Court · Nov 30, 2023

Nearly a month later, the pension administrator acknowledged receipt of the QDRO and informed Bulson that it would review the order to confirm that the QDRO qualified. … have invested the [QDRO settlement] had [it] been provided to her in a more timely fashion” and that relator “could have questioned Shepherd about the amount of legal fees she [had] paid to [Bulson] as a further means of establishing

State v. Johnson

88 Ohio St. 3d 95 · Ohio Supreme Court · Mar 1, 2000

These facts clearly support his convictions. … Witt (1985), 469 U.S. 412 , 105 S.Ct. 844 , 83 L.Ed.2d 841 , to death-qualify the jury. Appellant’s argument is misplaced. In State v.

Johnston v. Schwenck

99 Ohio St. (N.S.) 59 · Ohio Supreme Court · Nov 26, 1918

Johnston as administrator d. b. n. with will annexed, who duly qualified. … Do the undisputed facts of the case establish in law an abandonment of the trust by Johnston, administrator? 2.

Ohio Apartment Ass'n v. Levin

127 Ohio St. 3d 76 · Ohio Supreme Court · Sep 23, 2010

Galatis, 100 Ohio St.3d 216 , 2003-Ohio-5849 , 797 N.E.2d 1256 , we established a three-part test for overruling precedent. … Conclusion {¶ 56} We have held that enactments of the General Assembly are constitutional unless they are clearly unconstitutional beyond a reasonable doubt. State ex rel. Dickman v.

Baltimore Ravens, Inc. v. Self-Insuring Employers Evaluation Board

94 Ohio St. 3d 449 · Ohio Supreme Court · Mar 27, 2002

As established under R.C. 4123.352, the board is not self-sustaining or self-governing. … Former R.C. 4121.44(Q) (143 Ohio Laws, Part II, 3294-3297) was effective from November 3, 1989, until October 20,1993, when R.C. 4121.44 was repealed and replaced by the provisions governing the newly established qualified

State v. Bayless

48 Ohio St. 2d 73 · Ohio Supreme Court · Nov 24, 1976

Ed. 2d 913 ), and they do clearly guide the sentencing judge or judges in their decision. … (But, see, White, The-Constitutional Invalidity of Convictions Imposed by Death-Qualified Juries, 58 Cornell L. Rev. 1176 .)

Pendleton Street Railroad v. Stallmann

22 Ohio St. (N.S.) 1 · Ohio Supreme Court · Dec 15, 1871

The rules of law which govern in actions for negligence in cases like the present, have been fully and clearly settled by former decisions of this court. … as propounded to the jury, the court then qualified it by adding, “ with reasonable care.”

State ex rel. R.T.G., Inc. v. State

98 Ohio St. 3d 1 · Ohio Supreme Court · Dec 18, 2002

Clearly the purpose of R.C. 2335.39 is to protect citizens from unjustified state action. … Clearly the state has the authority to regulate mining pursuant to R.C. 1513.39. However, in this case, the regulation resulted in a taking of RTG’s property.

Jackson v. State

11 Ohio St. (N.S.) 104 · Ohio Supreme Court · Dec 15, 1860

The fact of annexation to the realty should appear clearly in the bill of exceptions, and not be left to mere inference or presumption. … The leathern belts may have been fixtures, but the facts stated ■do not establish it. The rule that things savoring of the realty are not the subject of larceny, is thus stated and qualified in 1 Hale’s P.

Taylor v. Flower Deaconess Home & Hospital

104 Ohio St. (N.S.) 61 · Ohio Supreme Court · Jan 24, 1922

permitted to employ those who are incompetent and unskilled, funds bestowed for beneficence are diverted from their true purpose, and, under the form of a charity, they become a menace to those for whose benefit they are established … In 13 Euling Case Law, 948, Section 11, it is said as to this: “It is to be observed that in most of the cases applying the doctrine of immunity by waiver, the rale is qualified, so that even in the ease of patients liability

Office of Disciplinary Counsel v. Karto

94 Ohio St. 3d 109 · Ohio Supreme Court · Jan 16, 2002

These individuals were qualified to decide the issues of whether respondent had abused his contempt power and whether his actions constituted judicial misconduct. … Respondent clearly violated all three canons in his handling of the Snodgrass and Smith contempt hearings.

DeRolph v. State

78 Ohio St. 3d 193 · Ohio Supreme Court · Mar 24, 1997

Clearly, the current school financing scheme is a far cry from thorough and efficient. … The record documents that many school districts lack experienced and qualified teachers.

Rockfield v. First National Bank

77 Ohio St. (N.S.) 311 · Ohio Supreme Court · Dec 17, 1907

The word “indorser” has a distinct, clearly defined legal meaning. … It embraces every party who, by previous *328 provisions, is classed as an indorser unless his indorsement . has been qualified by appropriate words.

State Ex Rel. Synod of Ohio of United Lutheran Church in America v. Joseph

139 Ohio St. 229 · Ohio Supreme Court · Jan 28, 1942

But this is expressly qualified by an affirmative proviso: “Provided that * * * churches, schools, public libraries * * *, may be erected and used within such district by special permit granted by the zoning commis *241 sion … By the terms of the act enabling municipalities in Ohio to adopt comprehensive zoning plans (Section 4366-7 et seq., General Code), there is granted a broad power of determining and establishing districts “on the basis of

Cleveland, Painesville & Ashtabula Railroad v. Curran

19 Ohio St. (N.S.) 1 · Ohio Supreme Court · Dec 15, 1869

Whether the general obligation resting on the company as to the care to be exercised in the management of its trains may be qualified by special contract in cases of gratuitous services rendered in the carriage of a passenger … to this class of cases, a matter which has been questioned in some cases and denied in others, yet the act of negligence charged in this case, and which the jury must have found to have been proved, would, in its nature, clearly

State ex rel. Ungaro v. Mahoning Cty. Bd. of Elections

169 Ohio St. 3d 508 · Ohio Supreme Court · Sep 22, 2022

The protest asserted that Ungaro’s website “clearly shows photos of [Ungaro] using the national and local branding of the Democratic Party on yard signs, tee shirts, etc.” … And second, election laws must be liberally construed “in favor of persons seeking to hold public office to avoid restricting the right of electors to choose from all qualified candidates.” State ex rel. Lynch v.

LTC Properties, Inc. v. Licking County Board of Revision

133 Ohio St. 3d 111 · Ohio Supreme Court · Sep 6, 2012

Acknowledging that “the particular code that a county assigns to a property may impact its valuation, it is clearly not the only factor that determines the valuation to be assigned,” and as a result, “any appraisal of an … And if a corporate entity wants to challenge a valuation, it should send a certified appraiser or other 12  January Term, 2012 qualified expert