Case law

State ex rel. Riffe v. Brown

51 Ohio St. 2d 149 · Ohio Supreme Court · Jul 8, 1977

The brief filed on his behalf has not set forth any authority for the Secretary of State to set or establish the effective date of a law. 4 Rather, counsel for respondent chooses to rely on an alleged “longstanding practice … In the cause sub judice, we find that Section 5 of the law, conceded to be not subject to referendum, is clearly a condition upon the remaining sections of the law.

NCR Corp. v. Lindley

18 Ohio St. 3d 332 · Ohio Supreme Court · Jul 31, 1985

In order to facilitate the determination of whether a purchase qualifies for the direct-use-in-making-retail-sales exemption, the commissioner promulgated guidelines, contained in Ohio Adm. … We are compelled to reject this contention under the established principle that this court will not condition a sales or use tax exemption upon managerial prudence in acquiring the property.

Baltimore Ravens, Inc. v. Self-Insuring Emp. Evaluation Bd.

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

likewise provide that an ‘appeal’ pursuant to that Chapter would follow. * * * Had our lawmakers intended to provide for such review of the SIEEB’s orders, they could easily have done so. * * * Instead, the legislature clearly … 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(143 Ohio Laws, Part II, 3294-3297) was effective from November 3, 1989, until October 20, 1993, when R.C. 4121.44 was repealed and replaced by the provisions governing the newly established qualified

Local Telephone Co. v. Cranberry Mutual Telephone Co.

102 Ohio St. (N.S.) 524 · Ohio Supreme Court · Jun 14, 1921

It is a recognition of the doctrine of “immunity” as laid down and discussed in the parent case on Home Rule, State, ex rel. City of Toledo, v. Lynch, Auditor, 88 Ohio St., 71 . … That the defendant mutual company is not qualified to contract by reason of not having obtained a certificate of necessity under Section 614-52. 3.

In re Assignment of Kraus

79 Ohio St. (N.S.) 314 · Ohio Supreme Court · Jan 26, 1909

On the following day, November 15, 1902, said deed of assignment was filed with the court of insolvency of Cuyahoga county, and thereupon said assignee duly qualified and took possession of all of the assignor’s property, … shown and established by the undisputed facts as they appear of record in this case.

State v. Williams

74 Ohio St. 3d 569 · Ohio Supreme Court · Feb 21, 1996

To prove plain error, the defense must establish that, but for the asserted deficiency, “the outcome of the trial clearly would have been otherwise.” State v. … Thus, the defense must, but did not, establish that “the outcome of the trial clearly would have been otherwise” if the asserted error had not occurred. State v.

Wilson v. Licking Aerie No. 387, F. O. E.

104 Ohio St. (N.S.) 137 · Ohio Supreme Court · Jan 24, 1922

It will thus be seen that any exemption must be clearly and expressly stated in the statute. In Lee, Treas., v. … Intent to confer immunity from taxation must be clear beyond a reasonable doubt, for, as in case of a claim of grant, nothing can be taken against the state by presumption or inference.”

State v. Gonzales (Slip Opinion)

150 Ohio St. 3d 276 · Ohio Supreme Court · Mar 6, 2017

Id. at 1449. {¶ 47} “ ‘[W]e may not restrict, constrict, qualify, narrow, enlarge, or abridge the General Assembly’s wording.’ ” Dillon v. … See R.C. 2925.11(C)(3)(a). {¶ 70} Rightly or wrongly, the General Assembly used the specific language “grams of cocaine,” without any qualifiers.

Ohio Government Risk Management Plan v. Harrison

115 Ohio St. 3d 241 · Ohio Supreme Court · Sep 27, 2007

The issue in Oye was whether a state employee was entitled to personal immunity under R.C. 9.86 against allegations that included claims of hostile-work-environment sexual harassment. … Conclusion {¶ 31} We find that Kohler’s claims are not clearly and indisputably outside of the contracted policy coverage.

Ulmer v. Fulton, Supt.

129 Ohio St. 323 · Ohio Supreme Court · Apr 24, 1935

Of course, if any trusts were established they were express trusts, because formed through written instruments of definite terms. … When these mortgagor-depositors deposited their money in the bank, the relationship of creditor and debtor between them and the bank was established.

State v. Yerkey

171 Ohio St. 3d 367 · Ohio Supreme Court · Dec 5, 2022

To get there, it employs some fancy footwork. {¶ 29} Under our established mode of analysis, the majority would start with the language of the Constitution and determine the meaning of “full and timely restitution” … But again, if there is a conflict, it is the Constitution that prevails, not the statute. {¶ 50} Restitution for wages lost due to a victim’s attendance in court clearly falls within the scope of recovery permitted

Fletcher v. Coney Island, Inc.

165 Ohio St. (N.S.) 150 · Ohio Supreme Court · Apr 18, 1956

As some writer has said, such a judgment permits the offender to be “vaccinated by the needle of the law” and thereafter become immune. … The sum of $100 is a relatively insignificant recovery when we consider that a positive and unequivocal right has been established and violated.

Columbus City Schools Bd. of Edn. v. Franklin Cty. Bd. of Revision (Slip Opinion)

2017 Ohio 7578 · Ohio Supreme Court · Sep 14, 2017

an arm’s-length sale price that established the property value. … Because the record clearly negated the presence of such motives, we rejected the property 9  SUPREME COURT OF OHIO owner’s argument and held

Daugherty v. Central Trust Co.

28 Ohio St. 3d 441 · Ohio Supreme Court · Dec 30, 1986

In Porter , a judgment creditor of an incompetent veteran attached deposits in two federal savings and loan accounts established for his disability compensation. … In order for appellant to succeed on the defense of laches, the bank must establish that it has been materially prejudiced by appellee’s delay in asserting her claim. Connin v.

Knight v. State

54 Ohio St. (N.S.) 365 · Ohio Supreme Court · Mar 31, 1896

The testimony was, on its face, open to thé objection that its admission would violate the well-established sanction of the law already adverted to. … Therefore it was incompetent unless it should be brought clearly within one of the recognized exceptions.

State ex rel. Sears Logistics Serv., 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 allowed but nondisabling condition is irrelevant to determining whether a claimant continues to qualify for disability compensation. {¶ 10} 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. {¶ 11} The court of

Office of Consumers' Counsel v. Public Utilities Commission

64 Ohio St. 3d 123 · Ohio Supreme Court · Jul 1, 1992

. *127 The agreement between CG & E and Oxford, which established the transportation rate between them, is authorized under R.C. 4905.31. … In this program, CG & E matched, one dollar for two dollars to a maximum of $75,000 per year, its customers’ contributions to a fund which paid for the utility bills of qualified applicants.

State ex rel. Ctr. for Media & Democracy v. Yost

2026 Ohio 1899 · Ohio Supreme Court · May 27, 2026

But the court-of-appeals magistrate clearly set forth that the attorney general was “ultimately[] the only person qualified to explain the relation between his RAGA and RLDF activities and the public functions of his office … carry the burden of establishing that the records he seeks are “records” under R.C. 149.011(G).

State v. Beasley

153 Ohio St. 3d 497 · Ohio Supreme Court · Jan 16, 2018

But Wickerham's testimony merely established the chain of custody. … Statements that Established Law Enforcement's Investigatory Steps {¶ 172} Beasley also cites testimony from a number of law-enforcement officials, but their statements do not qualify as hearsay either.

In re Adoption of Charles B.

50 Ohio St. 3d 88 · Ohio Supreme Court · Mar 28, 1990

Having established that Mr. … We stated: “Permanent placement in a judicially approved home environment through the process of adoption is clearly preferable to confining the child in an institution or relegating the child to a life of transience, from