Case law

City of Toledo v. Levin

117 Ohio St. 3d 373 · Ohio Supreme Court · Mar 19, 2008

The Tax Commissioner rejected the claim of intergovernmental tax immunity for the new buildings because he determined that splitting the ownership of land and buildings was not legally possible under these circumstances. … The phrase “ensuing tax year” plainly establishes the meaning of “tax year.”

Dunn v. State

122 Ohio St. 431 · Ohio Supreme Court · Jun 11, 1930

The plaintiff in error claims that Section 6346-11 violates the Fourteenth Amendment to the Constitution of the United States, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens … This is far from establishing a conclusive rule of evidence.

Village of Monroeville v. Ward

27 Ohio St. 2d 179 · Ohio Supreme Court · Jul 14, 1971

The legislative power will generally be deemed ample to authorize the enactment of a law, unless the legislative discretion has been qualified or restricted by the Constitution in reference to the subject matter in question … In reaching this result, we give effect to the rule that statutory provisions should not be adjudged unconstitutional unless “the legislation and constitutional provisions are clearly incompatible.” State, ex rel.

MIB, Inc. v. Tracy

83 Ohio St. 3d 154 · Ohio Supreme Court · Sep 23, 1998

The facts in this case clearly show that MIB’s members do come into possession of information from MIB’s computers. … The evidence clearly established that the information provided by MIB to its members was used to help determine an applicant’s eligibility for insurance, not credit.

State ex rel. Harrell v. Board of Education

46 Ohio St. 3d 55 · Ohio Supreme Court · Oct 11, 1989

Since the Harrell petition was sufficient and R.C. 3311.24 provides that a board of education of a district in which a sufficient proposal originates shall file it with the State Board of Education, Streetsboro clearly had … R.C. 3311.24’s language does not establish that its time periods are for anything other than convenience and orderly procedure. Indeed, its deadlines resemble the one at issue in State, ex rel. Webb, v.

State ex rel. City of Toledo v. Lynch

88 Ohio St. (N.S.) 71 · Ohio Supreme Court · May 6, 1913

It as clearly excludes the exercise of functions which are appropriately exercised by caterers and impresarios. … The conclusion that this would be an unauthorized use of public money seems clearly to result from these considerations.

State v. Thompson (Slip Opinion)

141 Ohio St. 3d 254 · Ohio Supreme Court · Oct 29, 2014

During Saraya’s testimony, the trial court clearly stated that Saraya had “been qualified as an expert.” … See Strickland, 466 U.S. at 689 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 . *299 {¶ 231} Moreover, even if counsel had been deficient in life-qualifying Thompson’s jurors, Thompson cannot establish prejudice.

Cornell v. Morrison

87 Ohio St. (N.S.) 215 · Ohio Supreme Court · Dec 17, 1912

challenged, he should then be given full and fair opportunity to explain and qualify his statement and make such additions thereto as, in his opinion, the proofs at his command will establish. … The second question presented by this record is whether the common pleas court erred in holding that the facts that the plaintiff proposed to establish by the evidence would not, if so established, sustain the essential averments

Bernardini v. Board of Education

58 Ohio St. 2d 1 · Ohio Supreme Court · Apr 4, 1979

With the foregoing in mind, the obvious intent of the General Assembly is clearly discernible from the plain and simple language of R. C. 3317.13(A)(3). … C. 3317.14, when the board’s established salaries were higher than the statutory minimum.

Disciplinary Counsel v. Gold.

154 Ohio St. 3d 106 · Ohio Supreme Court · Aug 14, 2018

The rule also provides that a substance-abuse disorder qualifies as a mitigating factor when all the following factors exist: a diagnosis of a disorder by a qualified chemical-dependency professional, a determination that … the existence of qualifying mental and substance-use disorders.

State ex rel. Sears Logistics Services, Inc. v. Cope

89 Ohio St. 3d 393 · Ohio Supreme Court · Aug 9, 2000

Ray did not account for RSD in his initial report: an *396 allowed but nondisabling condition is irrelevant to determining whether a claimant continues to qualify for disability compensation. Moreover, while Dr. … But as the court of appeals found, nothing in the record clearly establishes that RSD, which is categorized as ICD-9 Code 337.2, is synonymous with the condition referred to by ICD-9 Code 337.9.

State ex rel. Adams v. Aluchem, Inc.

104 Ohio St. 3d 640 · Ohio Supreme Court · Dec 22, 2004

for the qualifying loss. … except to grant it. {¶ 62} Clearly, the intent of R.C. 4123.58(C) is to eliminate the hearing process and establish a procedure in which statutory PTD compensation is granted upon the allowance of the claim for the qualifying

State ex rel. City Iron Works, Inc. v. Industrial Commission of Ohio

52 Ohio St. 2d 1 · Ohio Supreme Court · Oct 12, 1977

It is established law that mandamus will not issue to vacate an order of the Industrial Commission unless that order constitutes an abuse of discretion. State, ex rel. Ruggles, v. … , qualified, narrowed, enlarged or abridged.”

City of Sharonville v. American Employers Insurance

109 Ohio St. 3d 186 · Ohio Supreme Court · May 17, 2006

Additionally, “an exclusion in an insurance policy will be interpreted as applying only to that which is clearly intended to be excluded.” (Emphasis sic.) Hybud Equip. Corp. v. Sphere Drake Ins. … An insurer need not defend any action or any claims within the complaint when all the claims are clearly and indisputably outside of the contracted policy coverage. Preferred Risk Ins. Co. v.

State Ex Rel. Crabbe v. Plumb

116 Ohio St. 428 · Ohio Supreme Court · Apr 26, 1927

; that subsequently, and pursuant to the filing of a petition with the county auditor, signed by not less than 5 per cent, of the qualified electors resident of said county, said board of county commissioners on August 10 … The petition does not seem to be entirely consistent, and because of the averments referred to, it is our conclusion that it does not clearly appear therefrom that the relator is entitled to the writ prayed for.

State ex rel. Rollins v. Board of Education

40 Ohio St. 3d 123 · Ohio Supreme Court · Dec 28, 1988

Bd. of Elections (1988), 35 Ohio St. 3d 137, 143 , 519 N.E. 2d 347, 352-353 . 3 Provisions defining eligibility for tenure are clearly “terms and conditions” of employment within the meaning of R.C. 4117.10(A). … and qualified in the teaching profession and to prevent their arbitrary dismissal.

Chambers v. Merrell-Dow Pharmaceuticals, Inc.

35 Ohio St. 3d 123 · Ohio Supreme Court · Feb 10, 1988

Gorman, supra, our prior decisions are clearly distinguishable and do not prevent the application of forum non conveniens in an appropriate case. … In any action, any one or more of the following counties shall be presumed to be convenient forums for the purpose of establishing proper venue: * * “(c) Change of Venue. “(1) When an action has been commenced in a county

State ex rel. Save Your Courthouse Commt. v. Medina (Slip Opinion)

2019 Ohio 3737 · Ohio Supreme Court · Sep 17, 2019

{¶ 34} The committee seeks a writ of mandamus to compel the municipal respondents and the board of elections to (1) allow the committee an additional ten- day period in which to gather petition signatures, (2) “clearly … R.C. 731.28 establishes the signature threshold to qualify for the ballot and describes the process by which boards of elections must verify the petition signatures.

State Ex Rel. Brickell v. Frank

129 Ohio St. 604 · Ohio Supreme Court · Jun 12, 1935

Such trustees shall be appointed by the mayor, to serve without compensation, for a term of four years and until their successors are appointed and qualified. … 613 boundaries, within the limits of the grant, it executes the functions and possesses the attributes of sovereignty, and to that extent as against its citizens and all persons within its jurisdiction has the rights and immunities

Mann v. Northgate Investors, L.L.C.

138 Ohio St. 3d 175 · Ohio Supreme Court · Feb 12, 2014

We conclude that the General Assembly intended both to provide tenants with greater rights and to negate the previous tort immunities for landlords. … enactment, and in giving construction to a statute the legislature will not be presumed or held, to have intended a repeal of the settled rules of the common law unless the language employed by it clearly