Case law

American Federation of State, County & Municipal Employees Local 74 v. City of Warren

177 Ohio App. 3d 530 · Ohio Court of Appeals · Aug 1, 2008

It is difficult to conceive of a matter more vital to the general welfare of an employee than a freedom to choose the community or neighborhood in which to live. {¶ 56} In order to qualify for public-sector employment, the … As to potential extraterritorial effects, a residency requirement such as Warren’s affects not only the municipality itself, but clearly has impact beyond its borders.

State ex rel. Haller v. Ohio Dept. of Pub. Safety

2015 Ohio 3778 · Ohio Court of Appeals · Sep 17, 2015

The amended statutory language applicable here clearly indicates when a right under the statute arises. Therefore, Asti is not controlling. … In Gingrich, supra, we established that the six-year statute of limitations provision found in R.C. 2305.07 was applicable to claims for back compensation given for substitute teaching

State v. Minton

2016 Ohio 5427 · Ohio Court of Appeals · Aug 16, 2016

“If it is established that either type of activity took place, the rape shield statute prohibits any further inquiry into this area.” Id. … business activity, and if it was the regular practice of that business activity to make the memorandum, report, record, or data compilation, all as shown by the testimony of the custodian or other qualified

In re T.P.

2018 Ohio 1330 · Ohio Court of Appeals · Apr 9, 2018

(b) The child has been in an agency’s custody for two years or longer, and no longer qualifies for temporary custody pursuant to division (D) of section 2151.415 of the Revised Code. … The date of the letter is unclear, but the evidence established it occurred after the motion for permanent custody was filed on January 11, 2017. Mr.

State v. Lechner

2019 Ohio 4071 · Ohio Court of Appeals · Sep 26, 2019

Maisch, 173 Ohio App.3d 724, 2007- Ohio-6230, 880 N.E.2d 153, ¶ 28 (rejecting an argument a time waiver “to allow his counsel opportunity to prepare for trial” is qualifying language limiting the Highland App. … Martin, 21 Ohio St.3d 91, 94, 488 N.E.2d 166 (1986). {¶45} To establish self-defense, a defendant must establish, by a preponderance of the evidence, the following three circumstances: “(1) the defendant was

In Re D.R., Unpublished Decision (1-10-2008)

2008 Ohio 46 · Ohio Court of Appeals · Jan 10, 2008

Despite obtaining a housing voucher and qualifying for housing through HUD, father did not have a residence established. … Although father obtained a housing voucher and qualified for housing through HUD, he failed to establish a residence.

Taber v. Ohio Department of Human Services

125 Ohio App. 3d 742 · Ohio Court of Appeals · Mar 31, 1998

Likewise, if a statute is clear and unambiguous on its face, it “may not be restricted, constricted, qualified, narrowed, enlarged or abridged” under the guise of statutory construction. Wachendorf v. … As noted herein, R.C. 5113.06(A) authorized defendant to establish application and verification procedures encompassing income requirements.

Dayton v. Dayton, Unpublished Decision (5-31-2005)

2005 Ohio 2722 · Ohio Court of Appeals · May 31, 2005

. {¶ 3} On December 18, 2003, appellant filed a motion "to assist in effectuating the Court's order of January 17, 2001" wherein appellant was awarded a portion of Danny's pension benefits as a Qualified Domestic Relations … T. at 10, 12. {¶ 12} Because appellant was entitled to receive "one-half the benefit" of Danny's pension as opposed to "retirement benefits," we find the Cosby decision is not controlling in this case. {¶ 13} Clearly, the

Teamsters Local Union No. 436 v. Cuyahoga Cty.

2012 Ohio 5289 · Ohio Court of Appeals · Nov 15, 2012

This issue was not raised during the grievance process and neither party asserted in their statement of the issue presented for arbitration that the forklift work did not qualify as bargaining unit work. {¶15} … , and (3) followed for a reasonable period of time as a fixed and established practice accepted by both parties.”

Easter v. Complete Gen. Constr. Co., Unpublished Decision (3-22-2007)

2007 Ohio 1297 · Ohio Court of Appeals · Mar 22, 2007

Clearly, if the drafters of Civ.R. 15(D) wished to specify that it is the amended complaint and the summons thereto that must be personally served, then *Page 12 they would have used the word "amended" as they did in Civ.R … (also on political subdivision immunity issue).

In Re M.E., Unpublished Decision (4-13-2006)

2006 Ohio 1837 · Ohio Court of Appeals · Apr 13, 2006

R.C. 2151.414 (B)(1)(d) has been established as it relates to H.P. CCDCFS took H.P. into custody on March 6, 2003, where he has since remained. … Accordingly, H.P. clearly qualified for permanent placement under the requirement of R.C. 2151.414 (B)(1)(d). {¶ 11} Moreover, R.C. 2151.414 (B)(1)(a) has been met as it relates to the remaining three children.

State v. Martin

2024 Ohio 5332 · Ohio Court of Appeals · Nov 6, 2024

To the extent a cumulative error argument is suggested, multiple errors have not been established, and even if certain arguments could be considered harmless error, it has not been convincingly established such instances … the prejudicial error, does not establish guilt beyond a reasonable doubt.

Smith v. Superior Prod., L.L.C.

2014 Ohio 1961 · Ohio Court of Appeals · May 8, 2014

Smith clearly appealed every aspect of the granting of the JNOV and we must then conclude that, in this case, Smith appealed the conditional granting of a new trial under Civ.R. 59(A)(6). … Smith argues, and the majority accepts, that Superior's "overriding reason" for not recalling him does not qualify as a legitimate, nondiscriminatory reason. I reject this premise.

STATE Ex LAMPSON v. COOK, Auditor, Et

44 Ohio App. 501 · Ohio Court of Appeals · Apr 8, 1932

Courts cannot nullify an act of legislation on the vague ground that they think it repugnant to a general latent spirit, supposed to underlie the Constitution, but which neither its terms nor its implications clearly disclose … Again, in the same case, it is said at page 296 of 107 Oh St, 140 NE 773 , 776: “Moreover, it is established in this state that a tax law is uniform in operation if the tax is uniformly laid.

State v. McBride

2024 Ohio 4870 · Ohio Court of Appeals · Sep 19, 2024

The court informed Appellant at arraignment that he had the right to an appointed attorney if he financially qualified for one. … "[A] defendant seeking to withdraw a plea of guilty after sentence has the burden of establishing the existence of manifest injustice." State v. Smith, 49 Ohio St.2d 261, 264 (1977).

Cupp v. Kudla

158 Ohio App. 3d 728 · Ohio Court of Appeals · Oct 8, 2004

This instruction clearly set forth a separate ground for finding William negligent that was not related to the “roadway” issue. … Therefore, the police officer was properly qualified to testify as an expert under Evid. R. 702. See State v.

Galinari v. Koop, Ca2006-10-086 (9-4-2007)

2007 Ohio 4540 · Ohio Court of Appeals · Sep 4, 2007

. {¶ 10} "It is fundamental that in order to establish a cause of action for negligence, a plaintiff must show (1) the existence of a duty; (2) a breach of that duty; and (3) injury proximately resulting therefrom." … Kristin's sister, Carrie, testified in her deposition that she recalls that the lake bottom was clearly visible from the floating dock where appellant dove.

Tenan v. Huston

165 Ohio App. 3d 185 · Ohio Court of Appeals · Jan 13, 2006

Failure to conduct such an in camera inspection constitutes an abuse of discretion.” 6 {¶ 31} Thus, it is clear that as of the date of the filing of this lawsuit, plaintiffs had a qualified right, established by statute, … The trial court properly granted the in camera review, which was clearly mandated by the old statute.

Pitts-Baad v. Valvoline Instant Oil Change

2012 Ohio 4811 · Ohio Court of Appeals · Oct 15, 2012

she suffered an adverse employment action; 3) he or she was qualified for the position; and, 4) a comparable, non-protected person was treated more favorably. … Clearly, appellant and Newman were not similarly situated.

Kokosing Construction Co. v. Dixon

72 Ohio App. 3d 320 · Ohio Court of Appeals · Jan 31, 1991

Springfield (1933), 48 Ohio App. 356, 362 , 1 O.O. 522 , 193 N.E. 788 : “ * * * [a] court cannot interfere in the exercise of * * * discretion unless it clearly appears that city authorities in whom such discretion has been … standards for deciding by how ‘many percentages’ a bid may exceed the lowest bid and yet still qualify as the ‘lowest and best’ bid.