Case law

State ex rel. Williams v. Trim (Slip Opinion)

145 Ohio St. 3d 204 · Ohio Supreme Court · Aug 25, 2015

. {¶ 5} Williams is the beneficiary of a lifetime pension benefit from the Timken Company, based on a qualified domestic-relations order, and she began receiving $412.18 per month on March 1, 2011. … That rationale would be frustrated “if exempt funds were automatically deprived of their statutory immunity when deposited in a checking account * * * in order to pay by check those regular subsistence expenses [the debtor

Faith Fellowship Ministries, Inc. v. Limbach

32 Ohio St. 3d 432 · Ohio Supreme Court · Sep 30, 1987

The testimony of record clearly shows that the Agape room is used for the same purposes as are the areas of the complex that were granted exemption. … The BTA correctly found that the burden was upon the taxpayer to establish the exempt nature of the use. Not establishing such exempt use defeats appellant’s claim of exemption. (5) Building G is vacant and not used.

State ex rel. Brower v. Graves

89 Ohio St. (N.S.) 24 · Ohio Supreme Court · Oct 21, 1913

The pertinent provisions are that the chief supervisor shall appoint as the representatives of a party entitled to representation on the board of deputy supervisors qualified persons who may be recommended by the executive … The claim that a recommendation made by the principal committee instead of by a subordinate committee, which it may or may not appoint, clearly sacrifices the substance and spirit of the scheme of legislation upon this subject

Hopple v. Trustees of Brown Township

13 Ohio St. 311 · Ohio Supreme Court · Dec 15, 1862

But we think the rules of law, well established by former adjudications upon similar questions, and held by our own and other courts as applicable to the facts here presented, forbids the adoption of the views thus urged … This is clearly the extent of the power, by the language of the act, conferred upon the trustees.

True Christianity Evangelism v. Tracy

87 Ohio St. 3d 48 · Ohio Supreme Court · Oct 13, 1999

An established or organized society or corporation. … The BTA determined that appellant’s “purpose is clearly to disseminate a religious message.”

In re Disqualification of Gaul

2015 Ohio 3929 · Ohio Supreme Court · Sep 30, 2015

Judge Gaul issued entries removing Wolpert as defendant’s attorney in the underlying case, appointing the public defender’s office to represent defendant, and barring Wolpert from appearing in his courtroom until Wolpert “clearly … “To permit each of the trial and appellate courts to establish rules that generally limit the ability of attorneys to practice their profession, or that impose specific disciplinary standards upon the attorneys of this state

Rucker v. State

119 Ohio St. 189 · Ohio Supreme Court · May 31, 1928

E., 691, 694 , it is said: “It is well established in American jurisprudence that drunkenness is not a defense to crime. … The witnesses were not asked whether they were able to express an opinion on the subject, and were not qualified as lay expert witnesses usually are.

State Ex Rel. Greene v. Montgomery County Board of Elections

121 Ohio St. 3d 631 · Ohio Supreme Court · Apr 13, 2009

Greene alleged that the board of elections claimed to have invalidated these 213 signatures for the following reasons: 84 signatures because the persons were not qualified electors, 72 signatures because they did not meet … Dayton Charter {¶ 12} Greene contends that he has established the requisite legal right and legal duty because the board of elections and its members and officials abused their discretion and clearly disregarded applicable

State ex rel. Hicks v. Clermont Cty. Bd. of Elections

2026 Ohio 993 · Ohio Supreme Court · Mar 24, 2026

R.C. 3501.39 and 3513.05 do not require, let alone clearly require, a board of 8  January Term, 2026 elections to hold a hearing on the validity … See R.C. 3513.05 (“the petition shall be signed by not less than fifty qualified electors”).

General Motors Corp. v. Kosydar

37 Ohio St. 2d 138 · Ohio Supreme Court · Mar 20, 1974

C. 5739.01 (E) (2) clearly establish that in order to qualify for an exception to the statutory definition of “retail sale” the property transferred must be used or consumed direetly by the user or consumer. … However, a review of •fhe cited cases clearly shows that none involved a use or consumption of transferred property by some one other than the consumer.

Olentangy Local Schools Board of Education v. Delaware County Board of Revision

125 Ohio St. 3d 103 · Ohio Supreme Court · Mar 24, 2010

We hold that the BTA did not have a legal duty to grant such a reduction for two reasons: (1) the record does not clearly establish the propriety of such an adjustment and (2) Knickerbocker, the party that had the burden … Thus, if the record clearly establishes that a portion of a sale price pertains to personal property, the BTA should subtract that portion from the stated sale price to arrive at the amount of consideration paid for the realty

Hillside Creed Farms v. Clark Cty. Bd. of Elections (Slip Opinion)

2021 Ohio 3214 · Ohio Supreme Court · Sep 16, 2021

Rather, they contend that the board of elections abused its discretion or failed to follow clearly established law in placing the zoning referendum on the November ballot. {¶ 11} The board of elections concedes that … Given that the cover page does not clearly identify “Hillside Creek Farms” as the title of the application, we conclude that the board of elections did not abuse its discretion or fail to follow clearly established law by

State Ex Rel. Julnes v. South Euclid City Council

130 Ohio St. 3d 6 · Ohio Supreme Court · Sep 7, 2011

Because relators have established their entitlement to the performance of the requested acts, we grant the writ. … Conclusion {¶ 45} Based on the foregoing, relators have established their entitlement to the requested relief.

State ex rel. Cincinnati Enquirer v. Wilson

176 Ohio St. 3d 141 · Ohio Supreme Court · Jan 23, 2024

“Unless it is otherwise obvious from the content of the record, the proponent invoking the security-record exemption under R.C. 149.433(A)(1) must provide evidence establishing that the record clearly contains information … Conclusion {¶ 50} The department has met its burden of production by presenting evidence that clearly establishes the applicability of the security-records exemption by showing that the requested records “contain[]

Toledo City School Dist. Bd. of Edn. v. State Bd. of Edn. (Slip Opinion)

146 Ohio St. 3d 356 · Ohio Supreme Court · May 4, 2016

Established Common-Law Principles {¶ 21} At the time of the Ohio constitutional convention, it was an established principle that an act was not unconstitutionally retroactive “unless [it] impair[ed] rights which are … That restraint is a clearly stated, absolute prohibition without limitation. We need not go outside the text of the Ohio Constitution to search for meaning.

State ex rel. Miller v. Industrial Commission

26 Ohio St. 3d 110 · Ohio Supreme Court · Aug 20, 1986

Code, authorizes the establishment of regulatory agreements between the NRC (formerly the Atomic Energy Commission [“AEC”]) and the states. Senate Report No. 870, 86th Cong. 1st Session, 1959 U.S. … Any reliance upon Section 2021 as support for the majority’s determination is clearly misplaced. In Pacific Gas & Elec.

State Ex Rel. Ross v. Crawford County Board of Elections

125 Ohio St. 3d 438 · Ohio Supreme Court · May 18, 2010

When the board reconvened in public, its attorney announced that the board had upheld the challenges by determining that Ross was not a resident at 844 Rogers Street in Bucyrus for voting purposes and that he was not a qualified … Legal Analysis Prohibition and Mandamus {¶ 15} Ross seeks extraordinary relief in prohibition and mandamus to overturn the board’s decision determining that he is not a qualified elector

Beckner v. Stover

18 Ohio St. 2d 36 · Ohio Supreme Court · Apr 30, 1969

E. 2d 774 , abrogated the Seigfreid and Buehrer holdings, and ruled that “any voluntary nonsuit or dismissal of a case before judgment * * * qualifies as a case which ‘fails otherwise than upon the merits’ within the special … To hold otherwise would be to establish a rule whereby litigants could substitute a voluntary dismissal without prejudice for an appeal from claimed errors occurring during a trial.

Wilson v. Eccles

119 Ohio St. 184 · Ohio Supreme Court · May 31, 1928

E., 740 , in which it was clearly held that the legal title determined the course of descent. … The court held, however, that the evidence was not of sufficient probative force to establish a trust, and that the course of descent is controlled by the legal title.

State ex rel. Thomas v. Wood Cty. Bd. of Elections

174 Ohio St. 3d 50 · Ohio Supreme Court · Feb 2, 2024

Therefore, the relevant inquiry is whether the board abused its discretion or clearly disregarded applicable law in denying Thomas’s protest and certifying the referendum for placement on the ballot. … And if amended R.C. 519.12(H) controls this case, then the referendum petition does not qualify for placement on the ballot. a.