Justia Government & Administrative Law Opinion Summaries

The Supreme Court affirmed the judgment of the court of appeals concluding that the Industrial Commission of Ohio did not abuse its discretion in denying Appellant's request for a violation of specific safety requirements (VSSR) award, holding that there was no error.Appellant suffered a work-related hand injury while working for Employer and requested an award in addition to her workers' compensation benefits, alleging that her injury was a result of Employer's VSSR violation. The Commission found that Appellant did not commit a VSSR and denied the request for an additional award. The Supreme Court affirmed and denied Appellant's motion for an oral argument, holding that some evidence in the record supported the Commission's decision. View "State ex rel. Levitin v. Industrial Commission" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals reversing the decision of the court of claims seeking to recover a portion of the Bureau of Workers' Compensation (BWC)'s subrogated award in this case, holding that the BWC's attempted expansion of subrogation was unlawful.The BWC allowed Lamar Thomas's workers' compensation claim for some conditions he received in an industrial accident caused by a third party but disallowed an additional claim for other conditions linked to the workplace accident based on a second opinion rendered during a medical review. When Thomas settled his personal injury case against a third-party tortfeasor, the BWC recouped through subrogation the cost of the medical review it had used to deny Thomas's additional claim. Thomas brought suit against the BWC. The court of claims denied the complaint via judgment on the pleadings. The court of appeals reversed. The Supreme Court affirmed, holding that the medical review the BWC obtained was not an expense recoverable in subrogation. View "Thomas v. Logue" on Justia Law

The Supreme Court granted in part and denied in part a writ of mandamus ordering Respondents to provide records responsive to request numbers 2, 3, and 4 from Jeffrey Howard's August 2022 public records request and denied the writ as to the remaining public records requests, holding that Howard was entitled to mandamus in part.Howard, an inmate, brought this action seeking a writ of mandamus to produce records and documents in response to several records requests. Howard sought an award of statutory damages as to each request. The Supreme Court (1) granted the writ ordering Respondents to provide records responsive to three public records requests; and (2) denied the writ as to the remaining requests because Howard no longer sought mandamus relief as to those public records requests. View "State ex rel. Howard v. Watson" on Justia Law

The Supreme Court affirmed in part and reversed in part the judgment of the court of appeals granting summary judgment on Plaintiff's claim under the Open Meetings Act, Ohio Rev. Code 121.22 and denying Plaintiff's request for an award of statutory damages under the Public Records Act, Ohio Rev. Code 149.43(C)(2), holding that the court of appeals erred in its analysis of the statutory damages issue.In an earlier appeal, the Supreme Court reversed the court of appeals' grant of summary judgment for the Portage County Board of Commissioners, the Portage County Solid Waste Management District Board of Commissioners (SWMD) and the Portage County Court of Common Pleas and remanded the case with instructions that the court of appeals to determine whether Plaintiff was entitled to relief under the Open Meetings Act and Public Records Act. The court of appeals granted summary judgment for the board and the SWMD and denied statutory damages. The Supreme Court remanded the matter, holding that Plaintiff was entitled to an award of statutory damages. View "State ex rel. Ames v. Portage County Bd. of Commissioners" on Justia Law

The Supreme Court denied a writ of mandamus ordering the Crawford County Board of Elections to certify Relator's name as a candidate for a seat on the Galion City Council on the November 7 general election ballot, holding that the Board properly invalidated a part-petition in its entirety.The Board notified Relator by letter that it would not certify her name as a candidate for a seat on the Galion City Council after determining that one of the part-petitions circulated by Relator contained two signatures that were signed by the same person and invalidating the part-petition in its entirety. Relator subsequently commenced this mandamus action, arguing that the Board should not have invalidated the entire part-petition containing the forged signature. The Supreme Court denied the writ, holding that the Board properly invalidated the part-petition on which one signatory signed both her name and her husband's name. View "State ex rel. Robinson v. Crawford County Bd. of Elections" on Justia Law

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