Case law

Boggs v. Bowling Green, Unpublished Decision (8-1-2003)

Ohio Court of Appeals · Aug 1, 2003

Furthermore, this presumption of constitutionality will be overcome only if it clearly appears that a law is in direct conflict with the Constitution. Ohio Public Interest Action Group v. Pub. Util. … Likewise, it did not rule that R.C. 2744 et seq. provides the only means to establish immunity for political subdivisions.

Beckett Ridge Association-I v. Agne

26 Ohio App. 3d 74 · Ohio Court of Appeals · Sep 9, 1985

The clothesline was clearly visible from adjoining property lots, a street, and the community golf course. … The declaration containing the covenant had no written or defacto guidelines to give notice to an *77 owner as to the kind of fence which would qualify for the governing committee’s consent.

In Re P.G., Ca2006-05-009 (7-23-2007)

2007 Ohio 3716 · Ohio Court of Appeals · Jul 23, 2007

. {¶ 12} Appellant argues that the state failed to provide sufficient evidence to support the court's delinquency finding by failing to establish, beyond a reasonable doubt, that appellant created a fire or explosion or knowingly … Like I said it's usually a pop and all you see is a little smoke." {¶ 55} Appellant's counsel objected to this testimony and argued that the deputy was not properly qualified to testify as to the materials used in such a

State v. Brown

2013 Ohio 1982 · Ohio Court of Appeals · May 16, 2013

Brown’s convictions for attempted rape and kidnapping with a sexual motivation qualify as sexually violent offenses pursuant to R.C. 2971.01. {¶27} R.C. 2971.01(H)(2) provides a list of factors that may be considered … It is well established that “[c]riminal convictions cannot rest upon mere speculation; the state must establish the guilt of the accused by proof beyond a reasonable doubt.” State v.

Parrish v. Coles, 06ap-696 (6-26-2007)

2007 Ohio 3229 · Ohio Court of Appeals · Jun 26, 2007

the parties clearly contemplated that it would exist. … No. 06AP-868, 2007-Ohio-1475 , ¶ 26 . {¶ 69} In Landis , supra, the Supreme Court of Ohio "specifically and clearly declined to establish a bright-line rule regarding the accrual date of prejudgment interest but rather left

Stouffer Hotel Management Corp. v. Ohio Unemployment Compensation Board of Review

87 Ohio App. 3d 179 · Ohio Court of Appeals · Apr 13, 1993

To qualify for R.C. 4141.24(F) successor in interest status, the acquiring employer must receive all of the predecessor employer’s assets (see Ohio Adm. Code 4141-17-04) or “substantially all” of its assets. … Appellant having satisfied, at the very least, the factors prescribed in R.C. 4141.24(F) and Ohio Adm.Code 4141-17-03 necessary to establish a substantial transfer of assets as of January 1, 1989, we fail to appreciate how

Vinci v. Ceraolo

79 Ohio App. 3d 640 · Ohio Court of Appeals · Apr 27, 1992

This was clearly improper under Bishop, supra. Accordingly, appellant’s fourth assignment of error should be sustained. … Neither party has proven the requisite ‘bad faith’ to qualify as an exception to the ‘American Rule.’

State v. Brown

2024 Ohio 1981 · Ohio Court of Appeals · May 23, 2024

Alternatively, Brown argues the trial court abused its discretion by qualifying Det. Kappa as an expert in the field of fingerprint analysis and comparison. Brown contends that Det. … Contrary to Brown’s assertion on appeal, a witness “need not have complete knowledge of the field in question” to qualify as an expert; it is sufficient that the knowledge Det.

Kolenz v. Kolenz

2013 Ohio 3605 · Ohio Court of Appeals · Aug 21, 2013

It is well established that the interpretation of a contract that is clear and unambiguous is a matter of law. Town & Country Co-op, Inc. v. Sabol Farms, Inc., 9th Dist. … Husband testified that he had not applied for any employment in Germany, initially, because he was either not qualified for posted government positions or because of governmental hiring freezes.

City of North Olmsted v. Police & Firemen's Disability & Pension Fund Board of Trustees

19 Ohio App. 3d 165 · Ohio Court of Appeals · May 21, 1984

Any local rule providing for such a grant is clearly outside the scope of the rulemak-' ing authority of the local pension fund board of trustees. State, ex rel. George, v. … Therefore, part-time police service does not qualify for pension benefits. Northern Ohio Patrolmen’s Benevolent Association v. PFDPF Bd. (June 3, 1982), Cuyahoga App. No. 43924, unreported.

Wright v. Cramer

107 N.E.3d 836 · Ohio Court of Appeals · Mar 2, 2018

. {¶ 24} In the case before us, the trial court clearly concluded that Cramer failed to prove the amount of interest attributable to passive appreciation in his retirement accounts from pre-marital or separate property … “A rollover occurs when distributions from certain qualified retirement plans are contributed or deposited into another qualified retirement plan within a 60–day time period.” Sadberry v. C.I.R., 87 T.C.M.

State v. McCall

99 Ohio App. 3d 409 · Ohio Court of Appeals · Dec 21, 1994

He agreed to take a polygraph test and signed a stipulation that he was taking the test voluntarily and that the polygraphist was qualified to administer the test. … It is clear from the trial transcript, though, that two witnesses qualified as experts, the arson investigator and the polygraphist.

Village of Brady Lake v. City of Kent, Unpublished Decision (3-31-2006)

2006 Ohio 1693 · Ohio Court of Appeals · Mar 31, 2006

may be asserted to establish nonliability: {¶ 27} "* * * {¶ 28} "(3) The political subdivision is immune from liability if the action or failure to act by the employee involved that gave rise to the claim of liability was … Brady Lake, 148 Ohio App.3d 429 , 2002-Ohio-3141 , at ¶ 30 (Ford, P.J., dissenting). {¶ 33} In the case at bar, appellants have not proven that appellee engaged in any negligent conduct to establish an exception to immunity

State v. Carsonie

5 Ohio App. Unrep. 114 · Ohio Court of Appeals · Aug 2, 1990

It is obvious, from the foregoing dialogue, that the blood sample withdrawn from the defendant-appellant did not comply with the regulations established by the state director of health. … During direct examination, it was established that Dr. Loiselle had examined the decedent on September 8, 1983.

Westfield Twp. Zoning Inspector v. Emerald Bioenergy, L.L.C.

2021 Ohio 3843 · Ohio Court of Appeals · Oct 28, 2021

APPELLEE EMERALD FAILED TO MEET ITS BURDEN OF PROOF TO ESTABLISH ITS PERMITS GRANTING EXEMPTIONS OR GOVERNING OPERATIONS ARE NOT OBTAINED PURSUANT TO REVISED CODE CHAPTER 3744, PLACING THE TRUSTEES, THE ZONING INSPECTOR … Mike Oberfield, CFO of Emerald, testified clearly that Emerald is not licensed as a solid waste facility. (T. at 390-391).

State v. Ferricci

2022 Ohio 1393 · Ohio Court of Appeals · Apr 28, 2022

“clearly had not had any of the necessary training, not for dealing with a very small child.” Dr. … Clearly, Dr. McPherson was not testifying as a lay witness because she had no firsthand knowledge of the subject of her testimony.

State Ex Rel. River Grove Park, Inc. v. City of Kettering

118 Ohio App. 143 · Ohio Court of Appeals · Apr 2, 1962

The land is now, and since 1946 has been, used for a gravel mining-business, which business operation, having been in existence prior to the adoption of a zoning code in 1955, qualifies as a nonconforming use. … Thus the right to maintain a mandamus action to compel the issuance of a building permit in a proper case is well established.”

State v. Crawford, C-070816 (11-7-2008)

2008 Ohio 5764 · Ohio Court of Appeals · Nov 7, 2008

But Crawford testified that he gave his gun to Luken. {¶ 47} Even if the jury chose to believe Crawford, his actions clearly constituted tampering with evidence. … Moran's testimony only established that Wilson was shot while sitting in the front passenger seat.

State v. McDonald

2023 Ohio 4007 · Ohio Court of Appeals · Nov 3, 2023

It allowed for the imposition of indefinite prison sentences for certain qualifying felony offenses. R.C. 2929.14(A)(1)(a) and (2)(a). … Put simply, once the Ohio Supreme Court clearly resolved the arguments raised in Jones, it was no longer necessary for appellate courts to address those same arguments each time they were raised by a new appellant.

State v. Mitchell

2014 Ohio 5070 · Ohio Court of Appeals · Nov 14, 2014

No evidence was presented at trial that established when Mitchell acquired any of the three weapons. … Therefore, the digital scale (which contained drug residue) located in Mitchell’s dresser clearly qualifies as “drug paraphernalia” as contemplated under R.C. 2925.14.