Justia Government & Administrative Law Opinion Summaries

The Supreme Court denied Petitioner's request seeking writ of mandamus compelling the Medina County Board of Elections to place a local liquor option on the November 7, 2023 general election ballot in this expedited election case, holding that Petitioner's petition was invalid in its entirety under Ohio Rev. Code 4301.333(C)(2).Petitioner sought from the board of elections a petition for the purpose of obtaining a permit that would allow him to serve liquor on Sundays. The board of elections denied the petition, concluding that Petitioner's failure to attach the affidavit required under section 4301.333 meant that his petition was invalid under section 4301.333(C)(2). Petitioner subsequently sought mandamus relief seeking an order compelling the board to place a local liquor option on the ballot or, alternatively, an order compelling the board to provide him with certain information. The Supreme Court denied the writ, holding (1) Petitioner did not advance a compelling reason as to why the local option should be placed on the ballot; and (2) Petitioner was not entitled to mandamus relief based on any failure of the board of elections to follow the procedure set forth in Ohio Rev. Code 4301.33. View "State ex rel. Lambert v. Medina County Bd. of Elections" on Justia Law

The Supreme Court affirmed the orders of the Public Utilities Commission of Ohio approving a stipulation that authorized Dominion Energy Ohio to implement its capital expenditure program rider (CEP Rider), holding that the Commission's orders were not unlawful or unreasonable.Dominion filed an application to recover the costs of its capital expenditure program by establishing the CEP Rider at issue. Dominion and the Commission jointly filed a stipulation asking the Commission to approve the application subject to the staff's recommendations. The Commission modified and approved the stipulation. The Supreme Court affirmed, holding (1) the Commission did not violate an important regulatory principle in adopting the 9.91 percent rate of return; (2) the Commission did not inconsistently apply its precedent; (3) the Commission did not violate Ohio Rev. Code 4903.09; and (4) Appellants' manifest-weight-of-the-evidence argument failed. View "In re Application of East Ohio Gas Co." on Justia Law

The Supreme Court granted a limited writ of mandamus ordering Secretary of State Frank LaRose to reconvene the Ohio Ballot Board and directed the ballot board to adopt ballot language that accurately described a proposed amendment regulating actions of the "State," holding that the term "citizens of the State" in the ballot language was misleading.At issue was a constitutional amendment proposed by initiative petition titled "The Right to Reproductive Freedom with protections for Health and Safety" and the ballot language adopted by the ballot board for the November 7, 2023 election. Relators sought a writ of mandamus. The Supreme Court granted a limited writ ordering the ballot board and LaRose to reconvene and adopt ballot language that accurately conveyed that the proposed amendment limited the ability of the state, as defined by the amendment, to burden, penalize, or prohibit abortion. View "State ex rel. Ohioans for Reproductive Rights v. Ohio Ballot Bd." on Justia Law

The Supreme Court denied a writ of mandamus sought under Ohio's Public Records Act, Ohio Rev. Code 149.43, by Ashley Fluty against the City of Broadview Heights as well as Fluty's requests for statutory damages, attorney fees, and court costs, holding that Fluty was not entitled to any of the requested relief.Fluty brought this action seeking to compel Broadview Heights to produce records related to an incident of suspected child abuse and also requested awards of statutory damages, attorney fees, and court costs. The Supreme Court denied all requested relief, holding (1) Fluty failed to show that she had a clear legal right to the requested writ of mandamus and that Broadview Heights had a clear legal duty to provide it; (2) Fluty's arguments supporting her claim for an award of statutory damages were unavailing; and (3) attorney fees and court costs were improper because Broadview Heights did not engage in bad faith. View "State ex rel. Fluty v. Raiff" on Justia Law

The Supreme Court denied a writ of mandamus sought by the Board of Education of the Ottawa Hills Local School District ordering the Lucas County Board of Elections to place a tax levy on the November 7, 2023 general election ballot, holding that the Board of Elections did not abuse its discretion or act in disregard of applicable legal provisions when it refused to place the levy on the ballot.On August 28, 2023, the Board of Education brought this original action seeking a writ of mandamus ordering the Board of Elections to certify the levy at issue and place it on the November 2023 general election ballot. The Supreme Court denied the writ, holding (1) the Board of Education failed to certify an accurate resolution to proceed to the Board of Elections "not later than four p.m. of the ninetieth day before the day of the election," as required by Ohio Rev. Code 35.01.02(F); and (2) the Board of Education's error was not a technical violation that did not affect the public interest. View "State ex rel. Ottawa Hills Local School District Bd. of Education v. Lucas County Bd. of Elections" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals dismissing this complaint brought by Appellant requesting a writ of mandamus to compel the City of Mentor to commence appropriation proceedings for an alleged taking of Appellant's property, holding that the court of appeals did not err in granting the City's motion to dismiss.Appellant brought this complaint alleging that the decision of the City to deny a permit that would allow him to place a houseboat on a pond that he owned constituted a taking of his property. The court of appeals granted the City's motion to dismiss for failure to state a claim upon which relief could be granted and for lack of subject-matter jurisdiction, holding (1) Appellant had an adequate remedy in the ordinary course of the law and was not entitled to a writ of mandamus to compel the City to commence appropriation proceedings; and (2) the court of appeals lacked subject-matter jurisdiction over Appellant's remaining claims. View "State ex rel. Duncan v. Mentor" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals granting in part and denying in part a writ of mandamus, affirmed the court's award of statutory damages and court costs, and reversed the award of attorney fees, holding that the court of appeals erred in determining that the City of Cleveland acted in bad faith in this case.Cleveland Association of Rescue Employees and its president (collectively, the Union) submitted two public records requests to the City, which denied the requests. The Union then filed a complaint for writ of mandamus to compel production of the records and also sought statutory damages and attorney fees for the City's alleged violation of Ohio Rev. Code 149.43(B). The Union later notified the court of appeals that the City had sufficiently produced the requested records and sought summary judgment with respect to statutory damages and attorney fees. The court of appeals awarded the Union statutory damages of $1,000 and attorney fees of $4,672. The Supreme Court reversed in part, holding that the City's refusal to accept a certified-mail service of the complaint was not a legitimate basis on which to award attorney fees. View "State ex rel. Cleveland Ass'n of Rescue Employees v. City of Cleveland" on Justia Law

The Supreme Court denied as moot Mark Griffin's request for a writ of mandamus and also denied Griffin's request for statutory damages, holding that Griffin's request for a writ of mandamus was moot.Griffin, an inmate at the Toledo Correctional Institution, submitted a public-records request to Allan Szoke, a warden's assistant at the Ohio Department of Rehabilitation and Correction. Griffin later brought this action seeking a writ of mandamus compelling production of the records and an award of statutory damages. The Supreme Court denied the writ, holding (1) because Griffin had received the requested records, his request for a writ of mandamus was moot; and (2) Griffin was not entitled to statutory damages because he did not clearly and convincingly show that Szoke denied his public-records request or otherwise failed to fulfill his duties under the Public Records Act. View "State ex rel. Griffin v. Szoke" on Justia Law

The Supreme Court denied a writ of mandamus brought under Ohio's Public Records Act, Ohio Rev. Code 149.43, by Harry Barr, an inmate at the Grafton Correctional Institution (GCII), seeking to compel the warden's assistant at GCI to produce the job description for, and the certification or license held by, Jennifer Whitten, a GCI employee, holding that Barr was not entitled to the writ.In addition to the writ of mandamus, Barr sought statutory damages and also filed a complaint for a temporary restraining order (TRO) and a preliminary injunction and other motions. The Supreme Court dismissed Barr's complaint for a TRO and a preliminary injunction, granted Barr's motion to amend the evidence and deemed the record supplemented, granted his motion to withdraw his motion for an order pursuant to S.Ct.Prac.R.4.01(A), and denied the writ of mandamus and his request for statutory damages, holding that Barr was entitled to some relief. View "State ex rel. Barr v. Wesson" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals denying the writ of mandamus sought by Stephen Harris to order the Industrial Commission of Ohio to reverse its decision denying Harris's request for scheduled-loss compensation for the permanent partial loss of sight of both eyes, holding that there were no grounds for the writ.After the Commission denied Harris's request for scheduled-loss compensation a district hearing officer determined that the medical evidence failed to establish that Harris had sustained any loss of vision in either eye as a result of the industrial injury. Harris filed a mandamus action requesting an order directing the Commission to reverse its decision. The court of appeals denied the writ. The Supreme Court affirmed, holding that some evidence existed to support the Commission's decision. View "State ex rel. Harris v. Industrial Comm'n" on Justia Law