PER CURIAM . { 1} In the midst of a parentage action, respondent Richland County Court of Common Pleas, Domestic Relations Division, ordered relator Richland County Children Services to take immediate custody of the minor child at the center of the action. Richland County Children Services and its executive director, relator Patricia A. Harrelson (collectively, "RCCS"), filed this original action for writs of prohibition and mandamus, asserting that the domestic-relations court lacked...
Per Curiam . I. SUMMARY { 1} Appellant, NASCAR Holdings, Inc. ("NASCAR"), challenges the decision of the Board of Tax Appeals ("BTA") dismissing NASCAR's notice of appeal solely because it was filed by an attorney who was not licensed to practice law in Ohio. For the reasons that follow, we reverse the BTA's decision and remand for further proceedings. II. FACTS AND PROCEDURAL BACKGROUND { 2} The Department of Taxation conducted an audit and found that NASCAR had failed to file...
O'CONNOR , C.J. { 1} In these related original actions, relators, Cincinnati Enquirer ("the Enquirer") and GateHouse Media Ohio Holdings II, Inc., d.b.a. Columbus Dispatch, and reporter Holly R. Zachariah (collectively, "the Dispatch"), filed complaints seeking a writ of mandamus to compel the release of unredacted reports on the autopsies of the eight members of the Rhoden and Gilley families who were murdered in Pike County in April 2016. Separately, the Enquirer moved for oral...
{ 1} The judgment of the court of appeals is vacated, and the cause is remanded to the trial court for application of Dayton v. State, 151 Ohio St.3d 168 , 2017-Ohio-6909, 87 N.E.3d 176. O'CONNOR, C.J., and KLATT, FRENCH, and FISCHER, JJ., concur. KENNEDY, J., dissents. DEWINE, J., dissents, with an opinion joined by O'NEILL, J. WILLIAM A. KLATT, J., of the Tenth Appellate District, sitting for O'DONNELL, J. DeWINE , J. dissenting. { 2} I dissent from the majority's decision to...
Per Curiam . { 1} Respondent, Glen F. Buttacavoli, of Massillon, Ohio, Attorney Registration No. 0024132, was admitted to the practice of law in Ohio in 1984. In 2002, we found that he had failed to fully disclose to his clients his financial interest in investment recommendations that he made while acting as both their lawyer and their financial planner and we sanctioned him with a conditionally stayed six-month suspension. Stark Cty. Bar Assn. v. Buttacavoli, 96 Ohio St.3d 424 , 2002-...
DEWINE , J. { 1} This is a companion case to Adams v. Testa, 152 Ohio St.3d 207 , 2017-Ohio-8853, ___ N.E.3d ___ (" Adams I "), also decided today. At issue in both cases are the journal entries that set forth current agricultural-use values ("CAUVs"), which county auditors use to value farmland for tax purposes. Here, we consider an appeal under R.C. 5703.14, which authorizes an injured party to challenge a rule issued by the tax commissioner on the basis that it is unreasonable. A...
DEWINE , J. { 1} Each year, to enable county auditors to determine the value of farmland for tax purposes, the Ohio Tax Commissioner adopts a journal entry that sets forth a table assigning per-acre values — current agricultural-use values ("CAUVs") — to different types of agricultural land. This case presents the question whether a landowner may appeal from that journal entry. { 2} A group of landowners who believe that some of their land is being overvalued sought to challenge the...
Per Curiam . { 1} The Ohio Tax Commissioner, appellant and cross-appellee, conducted a consumer-use-tax audit of certain purchases made by appellee and cross-appellant, Accel, Inc., during the period January 1, 2003, through December 31, 2009, and the tax commissioner issued a tax assessment based on that audit. On appeal, the Board of Tax Appeals ("BTA") affirmed the assessment in part and reversed the assessment in part. { 2} The BTA reversed the imposition of use tax on materials...
Per Curiam . { 1} Respondent, Joseph Terrence Dull, of Niles, Ohio, Attorney Registration No. 0009288, was admitted to the practice of law in Ohio in 1976. In July 2016, relator, Trumbull County Bar Association, charged him with violating the professional-conduct rules for, among other things, misappropriating funds that a client had instructed him to invest. Dull stipulated to many of the allegations against him, and after a hearing, the Board of Professional Conduct issued a report...
Per Curiam . { 1} Applicant, Shannon O'Connell Egan, of Cincinnati, Ohio, is a 1998 graduate of the Louisiana State University Paul M. Hebert Law Center. She was admitted to the Kentucky bar in October 1998 and the Indiana bar in October 2014. In November 2015, Egan applied to register as a candidate for admission to the practice of law in Ohio and to take the July 2016 bar exam. Based on findings that Egan engaged in the unauthorized practice of law ("UPL") by establishing offices in...
Per Curiam . { 1} Relators, John Fockler, Kevin Knedler, M. Ann Leech, Scott Pettigrew, and Harold D. Thomas, are the members of the committee that nominated Gary Johnson and William Weld to appear on Ohio's November 2016 ballot as independent candidates for president and vice president of the United States. 1 After Johnson and Weld jointly received 3.17 percent of the total votes cast in Ohio for president and vice president, relators brought this mandamus action seeking to require...
Per Curiam . { 1} The issue in this original action seeking writs of mandamus and prohibition is whether a petition for a zoning referendum complied with R.C. 519.12(H). Relators contend that it did not comply, because it did not include a reference to the name of the property owner. Based on this omission, they argue, the referendum should be removed from the November 7, 2017 ballot. For the reasons below, we dismiss the mandamus claim and deny the request for a writ of prohibition. We...
DeWINE , J. { 1} Under Ohio law, an employer may appeal a determination by the Industrial Commission that an employee has the right to participate in the workers' compensation fund. Although it is the employer who files the appeal in the common pleas court, the employee is the plaintiff. In 2006, the legislature enacted a provision allowing an employee to dismiss an employer-initiated appeal only with the consent of the employer. 2006 Am.Sub.S.B. No. 7 (amending R.C. 4123.512(D)). The...
{ 1} The judgment of the court of appeals is affirmed on the authority of State v. Aalim, 150 Ohio St.3d 489 , 2017-Ohio-2956, 83 N.E.3d 883.
Per Curiam . { 1} Relators, Rocky Ridge Development, L.L.C., and Custom Ecology of Ohio, Inc., d.b.a. Stansley Industries, Inc., seek a writ of prohibition against respondent, Ottawa County Common Pleas Court Judge Bruce Winters. We grant the writ in part. I. Background { 2} On November 13, 2014, the Ohio Environmental Protection Agency ("OEPA") approved a Land Application Management Plan ("LAMP") permitting Stansley to use spent lime in a soil blend as general fill to increase...
ON MOTION FOR RECONSIDERATION. KENNEDY , J. { 1} In State ex rel. Ohio Presbyterian Retirement Servs., Inc. v. Indus. Comm., 150 Ohio St.3d 102 , 2016-Ohio-8024, 79 N.E.3d 522 (" Ohio Presbyterian I "), we held that the Industrial Commission does not have authority to award an injured employee permanent-partial-disability compensation under R.C. 4123.57(A) when the employee has previously been determined to be entitled to permanent-total-disability compensation under R.C. 4123.58 for...
KENNEDY , J. I. Introduction { 1} In this discretionary appeal, we consider whether the Tenth District Court of Appeals correctly held that a juvenile court's failure, during an amenability hearing, to appoint a guardian ad litem ("GAL") pursuant to R.C. 2151.281(A)(1) and Juv.R. 4(B)(1) to protect the interests of a juvenile whose parents are deceased was not plain error. { 2} For the reasons that follow, we hold that when a juvenile whose parents are deceased appears at an...
DEWINE , J. { 1} Under Ohio's Dram Shop Act, R.C. 4399.18, someone injured by an "intoxicated person" may sue a liquor-permit holder for an off-premises injury only when the permit holder or its employee served the person knowing her to be intoxicated or underage. This case, which has reached us by way of a discretionary appeal, involves a dancer at a strip club who left the club intoxicated and caused an accident on her way home. The question is whether the dancer qualifies as an "...
{ 1} This cause is dismissed as having been improvidently accepted. O'DONNELL , J. , dissenting. { 2} I respectfully dissent from the majority's decision to resolve this appeal by declaring that it was improvidently accepted. { 3} CMH Homes, Inc., d.b.a. Luv Homes, presented the following proposition of law, which in my view, raises an important issue that should be decided on the merits: A general liability insurance policy that applies to "property damage" that occurs during the...
KENNEDY , J. I. Introduction { 1} Respondent, Patricia Britt, clerk of the Cleveland City Council ("the clerk"), rejected a referendum petition on the grounds that it would unconstitutionally abridge an existing contract. Relator, Barbara A. Langhenry, law director of the city of Cleveland, seeks a writ of mandamus to compel the clerk to determine the sufficiency of the referendum petition. We grant the writ. II. Facts and Procedural History { 2} On September 15, 1992, the city of...
