Fischer , J. { 1} In this case, relator, the Cincinnati Enquirer ("the Enquirer"), seeks a writ of mandamus and an award of attorney fees and costs against respondent, the city of Cincinnati, in connection with a request for body-camera footage. For the reasons set forth below, we deny the request for a writ of mandamus but grant an award of attorney fees and court costs. I. Factual and Procedural Background { 2} On August 8, 2017, while on duty and responding to a service call,...
Kennedy , J. { 1} In this discretionary appeal from a judgment of the Eighth District Court of Appeals, we consider whether the enactment of R.C. 9.75, which prohibits a public authority from requiring that contractors on public-improvement projects employ a specific number or percentage of the public authority's residents, is within the power granted to the General Assembly by Article II, Section 34 of the Ohio Constitution. That constitutional provision affords the legislature the...
Fischer , J. { 1} In this case, we consider whether the provisions of R.C. 711.09(C) apply to a city planning commission and whether a home-rule municipality's adoption of regulations establishing procedures for submission and consideration of applications to subdivide property is an exercise of its powers of local self-government. We conclude that R.C. 711.09(C) does apply to city planning commissions and that a home-rule municipality's adoption of subdivision regulations constitutes an...
{ 1} This cause is dismissed as having been improvidently accepted. { 2} The court orders that the opinion of the court of appeals may not be cited as authority except by the parties inter se. O'Connor, C.J., and Fischer, Hensal, Donnelly, and Stewart, JJ., concur. Kennedy and French, JJ., dissent. Jennifer Hensal, J., of the Ninth District Court of Appeals, sitting for DeWine, J.
French , J. { 1} These consolidated appeals ask whether Ohio's construction statute of repose, R.C. 2305.131, applies to actions sounding in contract as well as to actions sounding in tort. We hold that R.C. 2305.131, as enacted in Am.Sub.S.B. No. 80, 150 Ohio Laws, Part V, 7915, 7937-7938, applies to any cause of action, whether sounding in tort or contract, so long as the cause of action meets the requirements of the statute. Facts and Procedural Background { 2} These appeals...
French , J. { 1} This appeal requires us to address once again what constitutes a final, appealable foreclosure decree. Before reaching us, the long, winding path of this foreclosure action included two intermediate-court appeals initiated by appellees, Steven and Karen Sponaugle. { 2} The Sponaugles' first appeal challenged the trial court's entry of a foreclosure decree in favor of appellant, the Farmers State Bank ("Farmers"). The Second District Court of Appeals dismissed that...
Per Curiam . { 1} In this original action, relator, Cuyahoga County Prosecuting Attorney Michael C. O'Malley, seeks a writ of prohibition to prevent respondent, Cuyahoga County Court of Common Pleas Judge Michael J. Russo, from exercising jurisdiction over a wrongful-imprisonment claim filed by former death-row inmate Joe D'Ambrosio. O'Malley also seeks a writ of procedendo to compel Judge Russo to enter judgment terminating D'Ambrosio's litigation. Judge Russo has filed a motion for...
{ 1} This cause is dismissed as having been improvidently accepted. { 2} The court orders that the opinion of the court of appeals may not be cited as authority except by the parties inter se. O'Connor, C.J., and Fischer, Donnelly, and Stewart, JJ., concur. French, J., dissents, with an opinion joined by Kennedy and DeWine, JJ. DeWine, J., dissents, with an opinion joined by Kennedy and French, JJ. French, J., dissenting. DeWine , J. , dissenting. { 3} I respectfully dissent...
{ 1} This case is dismissed as having been improvidently accepted. French, Osowik, DeWine, Donnelly, and Stewart, JJ., concur. O'Connor, C.J., and Kennedy, J., dissent. Thomas J. Osowik, J., of the Sixth District Court of Appeals, sitting for Fischer, J.
