Case law

Surace v. Wuliger

25 Ohio St. 3d 229 · Ohio Supreme Court · Aug 6, 1986

. *231 Appellant argues that statements made in judicial proceedings and pleadings are absolutely privileged, and that the pleading in issue does meet the standards established in Mauk, supra, and Bigelow, supra, because … Although our prior holdings did not clearly embrace the majority rule adopted today, other courts interpreting Ohio law foresaw the appropriateness and inevitability of such a standard. See Justice v.

Royce v. Smith

68 Ohio St. 2d 106 · Ohio Supreme Court · Dec 9, 1981

C. 305.12 clearly indicates its intention not to impose liability in matters unrelated to actual road repair activities. See Milner v. County Commrs. (1913), 14 N.P. (N.S.) 141, and Day v. … This section of law provides for the uniformity of the various traffic control devices used by the various subdivisions of the state, and is not intended to provide a waiver of immunity and establish a right of action sounding

City of Cincinnati v. Beretta U.S.A. Corp.

95 Ohio St. 3d 416 · Ohio Supreme Court · Jun 12, 2002

public nuisance. 4 However, the complaint clearly *421 alleged both intentional and negligent misconduct on appellees’ part. … A qualified nuisance hinges upon proof of negligence. Id. . In York v. Ohio State Hwy.

Avellone v. St. John's Hospital

165 Ohio St. (N.S.) 467 · Ohio Supreme Court · Jul 18, 1956

Protestant Hospital Assn., supra, wherein the original rule of immunity was first established: “But in this case it is sought to extend the rule [of respondeat superior] to masters different from others and who do ■not come … We cannot state our general position on this question more clearly than did Judge Rutledge state his, as follows: “The law’s emphasis ordinarily is on liability, not immunity, for wrongdoing.

Associated Adjusters of Ohio, Inc. v. Ohio Department of Insurance

50 Ohio St. 2d 144 · Ohio Supreme Court · Jun 8, 1977

Chapter 3951 discloses a clearly defined legislative intent to safeguard the interests of the public; R. C. … It is now well established that a corporation is neither.a citizen of a state nor of the-United States,, and -thus not.within the protection of the.privileges *152 and immunities clauses of Section 2, Article IV of the United

Beachwood City School Dist. Bd. of Edn. v. Warrensville Hts. City School Dist. Bd. of Edn.

170 Ohio St. 3d 246 · Ohio Supreme Court · Sep 6, 2022

As part of their negotiations, school districts “may agree to share revenues from the property included in the territory to be transferred, establish cooperative programs between the participating districts, and establish … The purpose of the fiscal certificate “ ‘is clearly to prevent fraud and the reckless expenditure of public funds.’ ” St. Marys v. Auglaize Cty.

City of Cincinnati v. Sand

43 Ohio St. 2d 79 · Ohio Supreme Court · Jul 9, 1975

And he further concedes that the officer administering the test was sufficiently qualified and licensed by the Director of Health. … The prosecution clearly established, through the evidence elicited from the two police officers, that the test was administered in conformity with the standards established by the Director of Health.

Renacci v. Testa (Slip Opinion)

148 Ohio St. 3d 470 · Ohio Supreme Court · Jun 15, 2016

Thus, the BTA held, reliance on the absence of an IRS regulation and the dissent in Knust did not suffice to establish good faith. … Only in Lovell did we address and dispose of the claims of taxpayers who, like the Renaccis, claimed to be immune because the federal regulation did not apply.

State ex rel. Garrison v. Brough

94 Ohio St. 115 · Ohio Supreme Court · Feb 29, 1916

Established order and the respect due to properly constituted inferior courts require that it should never issue unless it clearly appears that the inferior court is .about to exceed its jurisdiction. … with him in his possession of the office until Garrison should establish his title by a proper proceeding at law.

United Air Lines, Inc. v. Porterfield

28 Ohio St. 2d 97 · Ohio Supreme Court · Nov 26, 1971

S. 451 , at page 455: “When passing on the constitutionality of a state taxing scheme it is firmly established that this court concernís itself with the practical operation of the tax, that is substance rather than form. … Chapter 5745 makes the tax applicable to intrastate carriers who clearly receive the same or similar local benefits as are received by interstate carriers.

Zangerle v. City of Cleveland

145 Ohio St. 347 · Ohio Supreme Court · Jun 6, 1945

It must be kept clearly in mind that the Constitution does not grant tax immunity to any kind or class of property; that the language of Section 2 of Article XII is not a grant of power to the General Assembly but is a limitation … If this conclusion were doubtful it would nevertheless be required by the established rule that all exemptions from taxation are to be strictly construed.”

State v. Walker

53 Ohio St. 2d 192 · Ohio Supreme Court · Mar 22, 1978

The Tims case only involved the admissibility of hospital records; it clearly did not set forth a general rule proscribing the introduction in evidence of all documents that may qualify as a business record. … S. 325, at 330 , the Supreme Court recognized that “ [d] ocumentary evidence to establish collateral facts, admissible under the common law, may be admitted in evidence” in a criminal trial.

Epic Aviation, L.L.C. v. Testa (Slip Opinion)

149 Ohio St. 3d 203 · Ohio Supreme Court · Jun 15, 2016

To the extent that that position is based on the wording of the statute, it is clearly unfounded. … A review of the BTA’s decision in that case shows that the record clearly established Castle Aviation’s characterization that its entire business involved “charter” service, both as to cargo and as to passengers. 2005 WL

State ex rel. Stanley v. City Council of Avon

39 Ohio St. 2d 150 · Ohio Supreme Court · Jul 17, 1974

That language clearly provides that the ten-percent signature requirement is of the total electors voting at the last municipal election. … The 170 disqualified signatures were qualified and should have been counted.

Complaint of Residents of Struthers v. Ordinance No. 87-8482

45 Ohio St. 3d 227 · Ohio Supreme Court · Sep 6, 1989

Nevertheless, since this potentially unconstitutional aspect of the ordinance was neither raised nor argued by any party to this action, and since the record does not clearly establish unconstitutionality of the Struthers … The ordinance established the rates to be charged for steam and hot water service that the utility was to supply the city for a five-year period.

Newman v. Levin

120 Ohio St. 3d 127 · Ohio Supreme Court · Oct 9, 2008

On appeal to the BTA, the auditor had the burden of proving that the Tax *133 Commissioner’s determination was “clearly unreasonable or unlawful,” and the BTA’s decision reveals that it applied the proper standard of review … The BTA rejected the commissioner’s argument that the replacement equipment did not qualify for exemption because the original equipment would not have qualified. {¶ 35} We do not address this issue, however, because the

State ex rel. Tjaden v. Geauga Cty. Bd. of Elections

176 Ohio St. 3d 653 · Ohio Supreme Court · Sep 4, 2024

The admissible evidence in the record establishes that Tjaden needed 495 valid signatures to qualify for the general- election ballot as an independent candidate for the office of state representative of House District 99 … Ch. 3501], Chapter 3513. of the Revised Code, or any other requirements established by law. (Emphasis added.)

State v. Kassay

126 Ohio St. 177 · Ohio Supreme Court · Dec 21, 1932

There is no constitutional immunity for such conduct abhorrent to our institutions. Gitlow v. New York, supra; Whitney v. California, supra [ 274 U.S. 357 , 47 S.Ct., 641 , 71 L.Ed., 1095 ]. … Our forefathers, when they established this experiment in democracy, made ample provisions for changing our present form of government and establishing a new political system by constitutional processes.

Kelleys Island Caddy Shack, Inc. v. Zaino

96 Ohio St. 3d 375 · Ohio Supreme Court · Oct 2, 2002

Lewis (1906), 74 Ohio St. 403 , 78 N.E. 523 (“That taxation as the subject of legislation is of a general nature is established by a uniform course of decisions”). … other municipal corporations or townships from qualifying in the future.

Zivich v. Mentor Soccer Club, Inc.

82 Ohio St. 3d 367 · Ohio Supreme Court · Jun 29, 1998

Together, these statutes accord qualified immunity to unpaid athletic coaches and sponsors of athletic events. … Clearly, without the work of its volunteers, these nonprofit organizations could not exist, and scores of children would be without the benefit and enjoyment of organized sports.