{ 1} The judgment of the court of appeals is affirmed on the authority of State v. Gardner, 135 Ohio St.3d 99 , 2012-Ohio-5683, ___ N.E.2d ___. O'CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O'DONNELL, LANZINGER, and CUPP, JJ., concur. KENNEDY, J., not participating.
CUPP, J. { 1} This case challenges the constitutionality of the Ohio commercial-activity tax ("CAT"), R.C. Chapter 5751, as applied to gross receipts from motor-vehicle-fuel sales. In particular, we are asked to determine whether the imposition of the CAT on revenues derived from the sales of motor-vehicle fuel is unconstitutional because it contravenes the Ohio Constitution, Article XII, Section 5a. For the reasons that follow, we hold that the expenditure of the CAT revenue that is...
{ 1} The judgment of the court of appeals is affirmed on the authority of State v. Williams, 134 Ohio St.3d 482 , 2012-Ohio-5699, ___ N.E.2d ___. O'CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, LANZINGER, CUPP, and McGEE BROWN, JJ., concur. O'DONNELL, J., dissents.
Per Curiam. { 1} This case presents a "race to the courthouse" in a real-property tax-valuation case. On October 10, 2011, the Hamilton County Board of Revision ("BOR") issued a decision that ordered reductions in the valuation of property owned by Western Hills Country Club. The Oak Hills Local School District Board of Education ("school board") attempted to appeal that decision to the Board of Tax Appeals ("BTA") by sending the appropriate notices by certified mail on October 14. On that...
Per Curiam. { 1} Respondent, James Walter Schmidt of Greene County, Ohio, Attorney Registration No. 0001882, was admitted to the practice of law in Ohio on November 3, 1973. He has spent his entire career practicing law in Greene County, and from 1983 to 2010, he served as Greene County Treasurer. { 2} While serving as Greene County Treasurer, Schmidt also practiced law part-time. As a result of conduct related to his private law practice, Schmidt pled guilty to four misdemeanor counts....
O'DONNELL, J. { 1} The city of Massillon and firefighters Susan Toles and Richard Annen appeal from a judgment of the Fifth District Court of Appeals that reversed a trial court decision entering summary judgment in their favor. Cynthia Anderson filed a wrongful-death action against the city and the firefighters arising out of the deaths of Ronald E. Anderson, her husband, and Javarre J. Tate, her grandson, who died when a Massillon fire engine operated by Toles and commanded by Annen...
{ 1} Sua sponte, the judgment of the court of appeals is reversed on the authority of Anderson v. Massillon, 134 Ohio St.3d 380 , 2012-Ohio-5711, 983 N.E.2d 266, and the cause is remanded to the court of appeals for further proceedings consistent with this court's opinion in Anderson v. Massillon. O'CONNOR, C.J., and LUNDBERG STRATTON, O'DONNELL, LANZINGER, CUPP, and McGEE BROWN, JJ., concur. PFEIFER, J., dissents and would affirm the judgment of the court of appeals.
O'DONNELL, J. { 1} The state appeals from a judgment of the Eighth District Court of Appeals that reversed the convictions of Van Williams for rape, gross sexual imposition, kidnapping, and unlawful sexual conduct with a minor, and held, pursuant to State v. Curry, 43 Ohio St.2d 66 , 330 N.E.2d 720 (1975), that other acts evidence offered to show a scheme, plan, or system is inadmissible unless it shows the background of the alleged crime or proves the identity of the accused. State v....
PFEIFER, J. { 1} Respondent, Timothy Andrew Shimko of Cleveland, Ohio, Attorney Registration No. 0006736, was admitted to the practice of law in Ohio in 1976. { 2} On August 15, 2011, relator, disciplinary counsel, filed a one-count formal complaint against Shimko, alleging that Shimko had made statements with knowledge that they were false or with reckless disregard as to their truth or falsity concerning the qualification or integrity of a judicial officer, in violation of Prof.Cond.R....
LANZINGER, J. { 1} Ohio's equine-activities-immunity statute, R.C. 2305.321, provides immunity from liability for harm sustained by an equine-activity participant allegedly resulting from the inherent risk of equine activities. In this case, we are asked to determine when an injured person is a "spectator" and therefore an "equine activity participant" whose claim for damages is barred by the statute. { 2} Because we conclude that the Ninth District Court of Appeals erred in overturning...
CUPP, J. { 1} When a complaint has been filed that contests the county auditor's valuation of a particular parcel, and when that complaint asks for a value increase or reduction of $17,500 or more, R.C. 5715.19(B) requires that "[w]ithin thirty days after the last date such complaints may be filed, the auditor shall give notice of [the] complaint" to the other affected party that did not file the complaint — be it the property owner or the board of education. That notice affords the...
CUPP, J. { 1} Electric distribution utilities that opt to provide service under an electric security plan ("ESP") must undergo an annual earnings review. If their plan resulted in "significantly excessive earnings" compared to similar companies, the utility must return the excess to its customers. R.C. 4928.143(F). In the case below, the Public Utilities Commission found that Columbus Southern Power's 2009 earnings were significantly excessive by over $42 million. { 2} There are three...
LANZINGER, J. { 1} The issue in this appeal is whether a judgment of a court purporting to grant an acquittal based on lack of venue is a "final verdict" as that term is defined in R.C. 2945.67(A), which authorizes the state to appeal certain trial court decisions either as a matter of right or by leave of court. In accordance with well-established case law, the Tenth District Court of Appeals concluded here that the order purporting to acquit Emmanuel Hampton for failure to establish venue...
LANZINGER, J. { 1} This appeal is an as-applied constitutional challenge to R.C. 2305.113(C), the statute of repose for medical claims. The Twelfth District Court of Appeals held that R.C. 2305.113(C), as applied to the facts of this case, violates the right-to-remedy clause of the Ohio Constitution, Article I, Section 16, relying in part upon Hardy v. VerMeulen, 32 Ohio St.3d 45 , 47, 512 N.E.2d 626 (1987). For reasons that follow, we overrule Hardy and reverse the judgment of the...
O'DONNELL, J. { 1} ThyssenKrupp Materials N.A., Inc., appeals from a judgment of the Eighth District Court of Appeals that reversed a grant of summary judgment in its favor on claims that one of its supervisors had directed Bruce R. Houdek to work in an aisle of a warehouse where he sustained injuries when a co-worker operating a sideloader struck him. We are asked to consider the impact of a recently enacted statute on our prior case decisions which held employers liable for intentional...
PFEIFER, J. { 1} The court of appeals concluded that fees charged for the production of certified abstracts of driving records are related to the "registration, operation, or use of vehicles on public highways" within the meaning of the Ohio Constitution, Article XII, Section 5a. We conclude to the contrary and reverse the judgment of the court of appeals. Background { 2} Appellees, the Ohio Trucking Association, the Ohio Newspaper Association, the Ohio Coalition for Open Government,...
O'DONNELL, J. { 1} The Educational Commission for Foreign Medical Graduates appeals from a judgment of the Second District Court of Appeals that reversed the trial court judgment and held that an informational pamphlet describing the United States Medical Licensing Examination ("USMLE") and application materials submitted by Mohamed Bassem Rayess to participate in that examination formed an express written contract governed by the 15-year statute of limitations established by former R.C....
Per Curiam. { 1} This is an original action by relators, owners of land located downstream from the western spillway of Grand Lake St. Marys, for a writ of mandamus to compel respondents, the Ohio Department of Natural Resources and its director, to initiate appropriation proceedings for the physical taking of their property resulting from flooding caused by a spillway constructed by respondents and the state's lake-level-management practices. On December 1, 2011, the court granted a writ...
Per Curiam. { 1} Michele L. McKinney of Cincinnati, Ohio, registered as a candidate for admission to the practice of law in June 2010 and applied to take the February 2011 bar examination. The admissions committee of the Cincinnati Bar Association disapproved McKinney's application based on her lack of candor regarding her conduct during her employment with a Cincinnati law firm in her first year of law school and the reasons that that employment was terminated. McKinney appealed and...
{ 1} The cause is dismissed, sua sponte, as having been improvidently accepted. O'CONNOR, C.J., and PFEIFER, LUNDBERG STRATTON, O'DONNELL, LANZINGER, CUPP, and McGEE BROWN, JJ., concur.
