Justia Government & Administrative Law Opinion Summaries
Articles Posted in Supreme Court of Ohio
State ex rel. Howson v. Delaware County Sheriff’s Office
The Supreme Court refused to grant a writ of mandamus directing the Delaware County Sheriff's Office (DCSO) to produce records in response to a public-records request, holding that Relator failed to prove that he was entitled to relief by clear and convincing evidence.Relator, an inmate, sent a public-records request to DCSO seeking a variety of records. Twelve days later, Relator sent a second request to DCSO seeking twelve categories of records. DCSO responded to the first request with a letter and DVD containing responsive records. Relator then commenced this action seeking a writ of mandamus ordering DCSO to provide the records identified in his second request. The Supreme Court denied the mandamus claim, holding that Relator failed to demonstrate that he was entitled to mandamus relief and that DCSO had a clear legal duty to provide that relief. The Court further denied Relator's requests for statutory damages, court costs, and attorney fees. View "State ex rel. Howson v. Delaware County Sheriff's Office" on Justia Law
Posted in:
Government & Administrative Law, Supreme Court of Ohio
State ex rel. Adkins v. Cantrell
The Supreme Court granted in part and denied a writ of mandamus sought by Relator compelling the clerk of the Circleville Municipal Court, Charma Cantrell, to comply fully with a public-records request Relator sent Cantrell under the Public Records Act, Ohio Rev. Code 149.43(B), holding that Relator was entitled to the writ in part.Relator, an inmate, brought this action demanding a writ of mandamus ordering Cantrell either to produce all records responsive to his January 2022 records request or explain why such records would not be produced. The Supreme Court granted the writ in part, holding (1) Relator was entitled to a writ of mandamus on his request to strike the evidence attached to Cantrell's merit brief because it was untimely submitted; and (2) Relator was not entitled to relief on his remaining arguments. View "State ex rel. Adkins v. Cantrell" on Justia Law
State ex rel. Pool v. Sheffield Lake
The Supreme Court denied Relator's petition in this original action seeking a writ of mandamus to compel the city of Sheffield Lake and its mayor (collectively, the city) to produce documents in response to a public records request sent by Relator, holding that Relator failed to establish that he was entitled to the requested relief.Relator, a city police officer and the city's only black officer at the time, submitted a public records request for records relating to an incident in which Anthony Campo, the city's former police chief, resigned after placing a "KKK" sign across the back of Relator's coat to cover the word "POLICE," donned a paper KKK hat and told Relator he should wear one on his next police call. The city provided only partial responses to the request. Relator then brought this mandamus action. The Supreme Court denied relief, holding (1) the evidence showed that the city made reasonable efforts to locate the documents; and (2) Relator's requests for awards of statutory damages, attorney fees, and court costs are also denied. View "State ex rel. Pool v. Sheffield Lake" on Justia Law
State ex rel. Summit County Republican Party Executive Committee v. LaRose
The Supreme Court denied the motion filed by the Summit County Republican Party Executive Committee seeking an award of more than $69,000 in attorney fees that it allegedly incurred in this election dispute, holding that the Committee's arguments in support of the award were unavailing.In 2021, the Supreme Court granted a writ of mandamus compelling Secretary of State Frank LaRose to reappoint Bryan C. Williams to the Summit County Board of Elections. The Committee subsequently sought attorney fees, suggesting that the Court's decision granting a writ of mandamus established that LaRose acted in bad faith in rejecting the Committee's recommendation to reappoint Williams. The Supreme Court denied the writ, holding that the Court's prior holding did not, in itself, support the Committee's recommendation to reappoint Williams, and the Committee's remaining arguments were unpersuasive. View "State ex rel. Summit County Republican Party Executive Committee v. LaRose" on Justia Law
State ex rel. Pinkston v. Delaware County Bd. of Elections
The Supreme Court granted a writ of mandamus compelling the Delaware County Board of Elections to place a township-zoning referendum petition on the May 2, 2023 ballot or, alternatively, the November 7, 2023 ballot, holding that Relator was entitled to the writ.In sustaining a protest to the referendum petition at issue, the Board determined that the petition failed to satisfy Ohio Rev. Code 519.12(H) because, among other things, it failed adequately to describe the nature of the requested zoning change. Relator then filed this expedited election action. The Supreme Court granted relief and ordered the Board of Elections to place the referendum on the May 2, 2023 ballot, holding that the Board abused its discretion and disregarded applicable law in deciding that the petition summary was deficient. View "State ex rel. Pinkston v. Delaware County Bd. of Elections" on Justia Law
State ex rel. Gold v. Washington County Bd. of Elections
The Supreme Court denied a writ of mandamus sought by Relator ordering the Washington County Board of Elections to place his name on the May 2, 2023 primary election ballot as a Democratic candidate for mayor of Marietta and a motion to strike the Board's brief as untimely, holding that the Board did not abuse its discretion.On January 17, 2023, Relator filed his nominating petition and declaration of candidacy with the Board. The Board voted not to certify Relator's candidacy for the primary-election ballot after determining that Ohio Rev. Code 3513.06 required Relator to list his former name on his nominating petition because the name change had occurred within the last five years. The Supreme Court denied Relator's ensuing petition seeking a writ of mandamus, holding that the Board did not abuse its discretion or clearly disregard applicable law in declining to certify Relator's name to the ballot. The Court further denied Relator's motion to strike the Board's brief as untimely. View "State ex rel. Gold v. Washington County Bd. of Elections" on Justia Law
State ex rel. Norman v. Collins
The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's complaint for a writ of habeas corpus against the warden of the Pickaway Correctional Institution (PCI), where Appellant was an inmate, and denied Appellant's motion to supplement his merit brief with additional documents, holding that Appellant was not entitled to relief.According to Appellant, he was indicted in Franklin County for a crime that was committed in Fairfield County. Appellant filed a petition for a writ of habeas corpus asserting that Franklin County lacked venue or subject-matter jurisdiction. The court of appeals denied relief. The Supreme Court affirmed, holding that Appellant's petition failed to state a claim that is cognizable in habeas corpus. View "State ex rel. Norman v. Collins" on Justia Law
State ex rel. Friendship Supported Living, Inc. v. Ohio Bureau of Workers’ Compensation
The Supreme Court reversed the decision of the court of appeals reversing the order issued by the Ohio Bureau of Workers' Compensation classifying the in-home direct-care workers of Friendship Supported Living, Inc. as employees rather than independent contractors, holding that the Bureau abused its discretion.Friendship protested the findings of the Bureau in its 2017 premium audit for the 2014-2015 period, arguing that Friendship's in-home direct-care workers were independent contractors rather than employees. The findings were affirmed. Thereafter, Friendship filed a complaint for a writ of mandamus seeking an order directing the Bureau to classify its in-home direct-care workers as independent contractors and reimburse Friendship for premiums it had made as a result of the Bureau's classification. The court of appeals granted a writ of mandamus. The Supreme Court reversed and granted a limit writ of mandamus ordering the Bureau to issue an amended order, holding that the Bureau abused its discretion by failing sufficiently to account for the pertinent factors bearing on the relationship between Friendship and its direct-care workers. View "State ex rel. Friendship Supported Living, Inc. v. Ohio Bureau of Workers' Compensation" on Justia Law
State ex rel. Ware v. Parikh
The Supreme Court granted in part and denied in part this action seeking a writ of mandamus ordering Hamilton County Clerk of Courts Pavan Parikh to provide copies of three oaths of office and various court records from a 2001 case and awards of statutory damages and costs, holding that Relator was entitled to mandamus in part.Relator, an inmate, sent a public records request requesting three judges' oaths of office and documents from a case filed in 2001. When the clerk of courts did not respond to the public-records request Relator filed this action. The Supreme Court granted relief in part, holding (1) Relator used the incorrect vehicle for requesting copies of the oaths of office; and (2) the clerk did not meet his burden to show that Ohio Rev. Code 149.43(B)(8) foreclosed Relator's right to receive the second portion of his records request. View "State ex rel. Ware v. Parikh" on Justia Law
State ex rel. North Canton City Council v. Stark County Bd. of Elections
The Supreme Court denied a writ of mandamus sought by North Canton City Council ordering Stark County Board of Elections to place two proposed levies on the May 2, 2023 primary-election ballot, holding that the Board properly determined that the proposed levies were ineligible for consideration at the 2023 primary election.Because the Board did not approve the proposed (street and storm-water) levies as amended for placement on the May 2 primary election ballot the Council filed this expedited election action seeking a writ of mandamus compelling the Board to place the resolutions on the May 2 ballot. The Supreme Court denied the writ, holding (1) the proposed levies may not be presented to North Canton voters as "renewal" levies before the November 2024 election; and (2) the Board did not abuse its discretion or act contrary to law in rejecting the placement of the proposed levies on the ballot. View "State ex rel. North Canton City Council v. Stark County Bd. of Elections" on Justia Law