Justia Government & Administrative Law Opinion Summaries

The case involves the Ohio Democratic Party and two voters, Norman Wernet and Eric Duffy, who filed a mandamus action against Ohio Secretary of State Frank LaRose. They sought to compel LaRose to rescind Directive 2024-21, which requires individuals delivering absentee ballots for family members or disabled voters to complete an attestation at the board of elections and prohibits returning such ballots to a drop box. The directive aims to prevent "ballot harvesting" and ensure the integrity and security of absentee ballot delivery.Previously, the United States District Court for the Northern District of Ohio ruled in League of Women Voters of Ohio v. LaRose that certain Ohio laws limiting who can return absentee ballots for disabled voters were preempted by the federal Voting Rights Act. Following this, LaRose issued Directive 2024-21 and later Directive 2024-24 and Advisory 2024-03, which provided additional guidance but did not substantially alter the original directive.The Ohio Supreme Court reviewed the case and found that the relators' claims were barred by laches due to their unreasonable delay in filing the complaint. The court noted that the directive was issued on August 31, but the complaint was not filed until September 27, a 24-day delay. This delay was deemed unreasonable, especially given the time-sensitive nature of election-related matters. The court also found that the delay caused material prejudice to the Secretary of State and county boards of elections, as absentee voting had already begun, and changing the procedures at this stage would lead to voter confusion and administrative burdens.The Ohio Supreme Court denied the writ of mandamus based on laches and did not address the merits of the relators' claims. The court also denied the motion to intervene filed by the Republican National Committee and the Ohio Republican Party but accepted their brief as an amici curiae brief. View "State ex rel. Ohio Democratic Party v. LaRose" on Justia Law

Columbia Gas of Ohio, Inc. applied to the Ohio Power Siting Board for approval to construct a 3.7-mile natural-gas-distribution pipeline in Maumee, Ohio. The application was submitted under an accelerated review process for pipelines less than five miles long. Yorktown Management, L.L.C., which owns property adjacent to the proposed pipeline route, raised concerns about the safety and environmental impact of the pipeline, particularly its proximity to their commercial office building.The Ohio Power Siting Board approved Columbia's application under the accelerated review process, finding that the project met the necessary criteria. Yorktown filed a motion to intervene and later a motion to suspend the review, arguing that the board had not adequately addressed their safety concerns. The board denied Yorktown's motion to suspend and subsequently denied their application for rehearing, leading Yorktown to appeal the decision.The Supreme Court of Ohio reviewed the case and affirmed the board's decision. The court found that Columbia's application did not require a 50-foot-wide permanent easement along the entire pipeline route, as Yorktown claimed. The court also determined that Yorktown had waived its right to challenge the board's rejection of testimony from a different pipeline project. Additionally, the court held that the board did not err in refusing to suspend its review of the accelerated application, as Yorktown failed to demonstrate good cause for suspension. The court concluded that the board did not improperly defer to Columbia and had appropriately conditioned the approval on compliance with relevant safety regulations. View "In re Letter of Notification Application of Columbia Gas of Ohio, Inc. for the Ford Street Pipeline Project" on Justia Law

A group of landowners challenged the Ohio Tax Commissioner’s decision to set a woodland-clearing-cost rate of $1,000 per acre for the purpose of calculating the current agricultural use valuation (CAUV) of their properties for tax years 2015 through 2020. The landowners argued that the rate was too low and not based on reliable evidence, causing their woodlands to be overvalued and resulting in higher property taxes.The Board of Tax Appeals (BTA) upheld the Tax Commissioner’s decision, finding that the Commissioner did not abuse her discretion in setting the $1,000 rate. The BTA concluded that the rate was within the Commissioner’s discretion and based on input from the agricultural advisory committee. The BTA also rejected the Tax Commissioner’s argument that some landowners lacked standing to challenge the CAUV entries for certain years.The Supreme Court of Ohio reviewed the case and found that the Tax Commissioner abused her discretion by adopting the $1,000 rate without reliable evidence or a sound reasoning process. The court noted that the decision was arbitrary and not supported by any fixed rules or standards. The court also found that the Tax Commissioner failed to comply with Ohio Administrative Code 5703-25-33, which requires obtaining information from reliable sources and ensuring that CAUV tables are accurate, reliable, and practical.The Supreme Court of Ohio reversed the BTA’s decision and remanded the case to the Tax Commissioner with instructions to adopt a woodland-clearing-cost rate that complies with the administrative code. The court emphasized that the Tax Commissioner must base the rate on reliable evidence and follow the prescribed standards. View "Adams v. Harris" on Justia Law

Imposters, Ltd., a performing-arts theater in Cleveland, sought to place a local liquor option on the November 5, 2024, general-election ballot. The theater holds D-1 and D-2 permits allowing the sale of beer and mixed beverages but not wine or spirituous liquor. Imposters submitted a petition to the Cuyahoga County Board of Elections to allow the sale of wine and spirituous liquor at its location. The board rejected the petition, stating it did not comply with statutory requirements because it did not include "mixed beverages" alongside "wine."The Cuyahoga County Board of Elections reviewed the petition and found it invalid. The board's manager of candidate and petition services informed Imposters that the petition should have included "wine and mixed beverages and spirituous liquor" to be valid. Imposters argued that it did not need to include "mixed beverages" because it already had a permit for mixed beverages. The board unanimously voted to reject the petition and not certify the local liquor option for the ballot.The Supreme Court of Ohio reviewed the case and denied the writ of mandamus sought by Imposters. The court held that the board did not abuse its discretion or act in clear disregard of applicable law. The court found that the petition did not strictly comply with the statutory requirements, specifically R.C. 4301.333(B)(3)(a) and R.C. 4301.355(B)(1), which require the inclusion of "wine and mixed beverages" together. The court concluded that the statutory language did not allow for the separation of "wine" from "mixed beverages" in the petition, and thus, the board's decision to reject the petition was justified. View "State ex rel. Imposters, Ltd. v. Cuyahoga Board of Elections" on Justia Law

A proposed constitutional amendment in Ohio seeks to repeal Articles XI and XIX of the Ohio Constitution and add Article XX, changing the standards and procedures for drawing electoral districts. The amendment would create a 15-member redistricting commission responsible for adopting redistricting plans. Citizens Not Politicians, a coalition aiming to end gerrymandering, and other relators challenged the ballot language and title adopted by the Ohio Ballot Board and Secretary of State Frank LaRose, arguing they were misleading.The Ohio Ballot Board approved the ballot language by a three-to-two vote. Relators filed for a writ of mandamus to compel the board to adopt new language and title. The Supreme Court of Ohio reviewed the case, focusing on whether the ballot language and title would mislead, deceive, or defraud voters. The court found that sections five and eight of the ballot language were misleading. Section five inaccurately limited judicial review to a "proportionality standard," and section eight failed to mention the public's right to participate in the redistricting process through public meetings and hearings.The Supreme Court of Ohio granted a limited writ of mandamus, ordering the Ohio Ballot Board and Secretary of State to reconvene and adopt revised ballot language addressing these defects. The court denied the writ in all other respects, finding the remaining sections of the ballot language and the ballot title to be factually accurate and not misleading. The motion for leave to withdraw the answer was granted, and the motion to strike was denied as moot. View "State ex rel. Citizens Not Politicians v. Ohio Ballot Bd." on Justia Law

Vanessa Wells, a parent in the Lakota Local Schools district, filed a public records request seeking legal documentation related to the district's superintendent, Matt Miller, from the law firm of Elizabeth Tuck. Wells was concerned about allegations against Miller. The district's attorney, Brodi Conover, responded by providing a cease-and-desist letter but withheld other documents. Wells clarified her request to include all communications between Tuck and the school board regarding Miller from September 2022 to January 2023. Conover responded that certain communications were privileged and not subject to disclosure.Wells also requested all legal invoices from January 2022 to January 2023. Conover provided redacted invoices, omitting attorney names, hours, rates, and service descriptions, citing attorney-client privilege. In September 2023, after Wells filed a mandamus action, the district provided less-redacted invoices, retaining only the narrative descriptions and bank-account-related information.The Supreme Court of Ohio reviewed the case. It granted a writ of mandamus ordering the district to produce a demand letter from Tuck, rejecting the district's argument that it was protected under a federal settlement privilege. The court found that the district's reliance on Goodyear Tire & Rubber Co. v. Chiles Power Supply, Inc. was misplaced. The court awarded Wells $2,000 in statutory damages for the district's failure to timely produce the demand letter and the improperly redacted invoices. The court also awarded some attorney fees and court costs to Wells but denied additional attorney fees related to the invoices, finding no evidence of bad faith by the district. View "State ex rel. Wells v. Lakota Local Schools Board of Education" on Justia Law

Alphonso Mobley Jr. requested public records from the Hamilton County Prosecutor's Office, specifically certified statements created under former R.C. 309.16 for 2016 through 2020 and the office’s records-retention schedule. When Mobley did not receive a response, he filed a mandamus action to compel the production of these records and sought statutory damages under the Public Records Act, R.C. 149.43.The Supreme Court of Ohio previously issued a limited writ of mandamus, ordering the prosecutor to either provide the requested records or certify that they do not exist. The prosecutor complied by certifying that all responsive records in her possession were provided to Mobley on April 20, 2023. Additionally, the prosecutor obtained and provided records from the Hamilton County Board of County Commissioners that were not retained by her office. Mobley then filed a motion to proceed to judgment on the issue of statutory damages.The Supreme Court of Ohio determined that the prosecutor failed to comply with R.C. 149.43(B) by not responding to Mobley’s request within a reasonable period. The court noted that the request was narrow, involved few records, and did not require redactions. The prosecutor’s delay of almost three months was deemed unreasonable. Consequently, the court awarded Mobley $400 in statutory damages, calculated at $100 per business day for the four business days between the filing of the mandamus action and the prosecutor’s compliance. View "State ex rel. Mobley v. Powers" on Justia Law

Moraine Wind, L.L.C. and other out-of-state wind farms applied to the Public Utilities Commission of Ohio (PUCO) for certification as eligible Ohio renewable-energy-resource-generating facilities. Carbon Solutions Group, L.L.C. (CSG), whose clients include Ohio-based renewable-energy suppliers, opposed the applications. PUCO approved the applications in September 2023. CSG filed an application for rehearing, which PUCO purported to grant for the limited purpose of further consideration, effectively extending the statutory deadline for a decision.CSG appealed PUCO's decision to the Supreme Court of Ohio, arguing that PUCO's failure to grant or deny the rehearing application within 30 days resulted in a denial by operation of law, as per R.C. 4903.10. PUCO moved to dismiss the appeal, claiming the court lacked jurisdiction because the rehearing application was still pending.The Supreme Court of Ohio held that PUCO's order granting rehearing for further consideration did not constitute a substantive grant of rehearing. The court emphasized that R.C. 4903.10 requires PUCO to grant or deny an application for rehearing within 30 days, and failure to do so results in a denial by operation of law. The court found that PUCO's practice of extending the deadline was not supported by statute and undermined the legislative intent for timely judicial review. Consequently, the court denied PUCO's motion to dismiss, affirming that CSG's application for rehearing was denied by operation of law, and the appeal was timely filed. View "In re Application of Moraine Wind, L.L.C." on Justia Law

A pipeline running through 13 Ohio counties was valued by the Ohio Tax Commissioner at $1,620,358,699 for tax year 2019. The pipeline's owner, Nexus Gas Transmission, L.L.C., appealed this valuation to the Board of Tax Appeals (BTA), arguing for a lower value of $615,695,340. The dispute was settled through an agreement between Nexus and the Tax Commissioner, setting the pipeline's value at $950,000,000 for 2019 and resolving valuation issues for 2020 and 2021. The Tax Commissioner issued a final determination reflecting these agreed values.The Lorain County Auditor, dissatisfied with the settlement, appealed the Tax Commissioner’s final determination to the BTA, arguing that the Commissioner had not followed statutory criteria in valuing the property. The BTA dismissed the appeal, stating that the valuation dispute had been resolved through the settlement agreement and that the auditor had not participated in the initial appeal process.The Supreme Court of Ohio reviewed the case, focusing on reconciling the Tax Commissioner’s authority to settle tax disputes under R.C. 5703.05(C) with the county auditor’s right to appeal under R.C. 5717.02(A). The court held that while a county auditor can appeal a final determination, this right does not extend to challenging the substance of a settlement agreement reached by the Tax Commissioner. The court emphasized that allowing such appeals would undermine the Commissioner’s statutory authority to settle disputes. The court affirmed the BTA’s decision, concluding that the county auditor’s appeal, which contested the valuation methodology rather than the validity of the settlement itself, could not proceed. View "Snodgrass v. Harris" on Justia Law

A public children-services agency determined that an allegation of child abuse against Kelly D. Kyser was substantiated. Kyser challenged this finding through the agency’s administrative-review process, but her appeal was unsuccessful. She then appealed the agency’s decision to the Summit County Court of Common Pleas. The court dismissed her appeal as untimely, and the Ninth District Court of Appeals affirmed this decision.The Supreme Court of Ohio reviewed the case. The court noted that under R.C. 2506.01, a person may appeal a final order or decision of an agency that determines their rights, duties, privileges, benefits, or legal relationships. However, the court found that an agency’s disposition finding that an allegation of child abuse is substantiated does not determine any of these things. The court explained that while certain consequences may result from such a finding, the agency’s disposition itself does not determine those consequences.The Supreme Court of Ohio concluded that the common pleas court did not have jurisdiction to hear Kyser’s appeal because the agency’s disposition was not a final order under R.C. 2506.01. As a result, the Supreme Court vacated the Ninth District Court of Appeals’ judgment and dismissed the appeal. View "Kyser v. Summit Cty. Children Servs." on Justia Law