Justia Government & Administrative Law Opinion Summaries

The Supreme Court affirmed the order of the Ohio Power Siting Board authorizing Firelands Wind, LLC to construct, operate, and maintain a wind farm in Huron and Erie Counties, holding that the nineteen nearby residents and the Black Swamp Bird Observatory that brought this appeal (collectively, Appellants) have not established that the Board's order was unlawful or unreasonable.On appeal, Appellants challenged the Board's determination that the wind farm satisfies the statutory requirements for constructing a major utility facility, asserting, among other things, that the project could kill birds and create excessive noise for residents near the wind farm and that the Board improperly failed to follow its administrative rules. The Supreme Court affirmed, holding that the Board's order was neither unlawful nor unreasonable. View "In re Application of Firelands Wind, L.L.C." on Justia Law

The Supreme Court vacated the judgment of the court of appeals determining that the Mill Creek Metropolitan Park District Board of Commissioners failed to comply with Ohio Rev. Code 1545.11 when it initiated appropriation proceedings to take private property owed by Landowner, holding that the trial court's orders denying Landowner's motions for summary judgment were not final, appealable orders.The Park District initiated appropriation proceedings against Landowner. Landowner answered by denying the necessity of the appropriation and the Park District's authority to appropriate the property. The trial court denied Landowner's motions for summary judgment. The court of appeals reversed and remanded with instructions to enter summary judgment for Landowner. The Supreme Court vacated the court of appeals' judgment, holding that the court erred in determining that the trial court's orders denying Landowner's motions for summary judgment were final, appealable orders. View "Mill Creek Metropolitan Park District Bd. of Commissioners v. Less" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals granting Appellant's petition for a writ of mandamus but denying his requests for statutory damages and court costs, holding that there was no error.Appellant, an inmate, sent a public-records request to Appellee, an employee of a private company that contracts with the state of Ohio to house state prisoners. Dissatisfied with the ultimate response, Appellant filed the current action asking for a writ of mandamus ordering Appellee to produce the records requested. The court of appeals granted the writ to a limited extent and denied Appellant's request for statutory damages and court costs. The Supreme Court affirmed, holding that the court of appeals did not err in denying Appellant's request for statutory damages and court costs. View "State ex rel. Atakpu v. Shuler" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals dismissing Appellant's complaint for writs of prohibition and mandamus against the Ohio Parole Board and the Franklin County Child Support Enforcement Agency (collectively, the State) and denied Appellant's motions to strike the State's merit brief in whole or in part, holding that there was no error.Appellant was found guilty, after a jury trial, of the rape of two women, one of whom he impregnanted, kidnapping, and attempted rape. Appellant subsequently appeared before the parole board eight times and was denied parole each time. Appellant later filed an original action of writs of prohibition and mandamus arguing that the parole board improperly denied parole. The court of appeals dismissed the complaint for failure to state a claim. The Supreme Court affirmed and denied Appellant's motions to strike, holding that Appellant failed to establish that he was entitled to relief. View "State ex rel. Dodson v. Ohio Dep't of Rehabilitation & Correction" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals granting Appellee's requested writ of mandamus ordering the Industrial Commission of Ohio to reinstate an order of its staff hearing officer denying Appellee's request for temporary total disability (TTD) compensation, holding that Appellee demonstrated a clear legal right to the relief requested and a clear legal duty on the Commission's part to provide that relief.In granting the writ, the court of appeals concluded that the Commission incorrectly applied the law of voluntary abandonment, as set forth in State ex rel. Klein v. Precision Excavating & Grading Co., 1993 N.E.3d 386. The Supreme Court affirmed, holding that the Commission misinterpreted and misapplied the law of voluntary abandonment as it related to Appellant's request for TTD compensation. View "State ex rel. Quest Diagnostics, Inc. v. Industrial Comm'n" on Justia Law

In this action arising from an initiative petition proposing a constitutional amendment entitled "The Right to Reproductive Freedom with Protections for Health and Safety" the Supreme Court held that Relators, registered Ohio voters, were not entitled to a writ of mandamus.The Ohio Ballot Board and its members determined that the initiative petition proposed a single constitutional amendment to the Ohio Constitution that would protect an individual's "right to make and carry out one's own reproductive decisions." Relators commenced this action ordering the Board to issue a determination that the petition contained more than one amendment. The Supreme Court denied the writ, holding that the ballot board did not abuse its discretion or disregard applicable law in determining that petition at issue contained a single constitutional amendment. View "State ex rel. DeBlase v. Ohio Ballot Bd." on Justia Law

The Supreme Court affirmed the judgment of the Tenth District Court of Appeals denying Appellant's action seeking a writ of mandamus ordering the Ohio Parole Board to reinstate his parole and hold a new revocation hearing, holding that there was no error.Appellant was released on parole in 2019 after his incarceration for murder and other crimes. He was subsequently arrested for violating the terms of his parole. After a hearing, the Ohio Parole Board revoked Appellant's parole, finding that he had engaged in sexual contact with a woman without her consent. The Tenth District denied Appellant's subsequent petition seeking a writ of mandamus ordering the parole board to reinstate his parole and hold a new revocation hearing. The Supreme Court affirmed, holding that Appellant did not show by clear and convincing evidence that he was entitled to a writ of mandamus. View "State ex rel. Cartwright v. Ohio Adult Parole Bd." on Justia Law

The Supreme Court affirmed the judgment of the Tenth District Court of Appeals issuing a limited writ of mandamus directing the Industrial Commission of Ohio to vacate its order denying Amanda Carpenter's request for death benefits after her fiancé, Christopher McDonald, died in an industrial accident, holding that a writ of mandamus was appropriate.In denying Carpenter's request for death benefits the Commission determined that Carpenter was not McDonald's surviving spouse. In issuing its limited writ of mandamus the Tenth District concluded that Carpenter could potentially qualify for death benefits as a member of McDonald's family. The court directed the Commission to vacate its order and to determine whether Carpenter was a member of McDonald's family under Ohio Rev. Code 4123.59(D) and, if so, the extent of her dependency. The Supreme Court affirmed, holding that Carpenter had a clear legal right to have the Commission apply section 4123.59(D) correctly to her claim for death benefits, and the Commission had a clear legal duty to do so. View "State ex rel. McDonald v. Industrial Comm'n of Ohio" on Justia Law

The Supreme Court granted a writ of mandamus sought by Harm Reduction Ohio (HRO) ordering OneOhio Recovery Foundation (the Foundation) to provide requested documents under Ohio's Public Records Act, Ohio Rev. Code 149.43 and denied HRO's requests for statutory damages and attorney fees, holding that the Foundation was bound by the Public Records Act.HRO, a statewide nonprofit organization with a mission to prevent overdose deaths, sent a public records request to the Foundation seeking documents prepared for the OneOhio Recovery Foundation Board for certain meetings. Alleging that the Foundation did not respond, HRO filed this action seeking a writ of mandamus directing the Foundation to allow access to the requested records. The Supreme Court granted a writ of mandamus ordering the Foundation to provide the public record responsive to HRO's public records request, holding that HRO demonstrated by clear and convincing evidence that it had a clear legal right of access to the requested records. View "State ex rel. Harm Reduction Ohio v. OneOhio Recovery Foundation" on Justia Law

The Supreme Court denied Relator's complaint seeking a writ of mandamus to compel the Ohio Department of Rehabilitation and Correction (DRC) to provide documents in response to submitted public records requests, holding that this action was moot.Relator, an inmate at the London Correctional Institution, sent several requests to the DRC for records and kites. DRC provided a requested record and concluded that the remaining records were electronic kites. Relator then made subsequent requests. The DRC denied the requests and ultimately gave Relator a formal directive to stop the repetitive requests. Relator then filed his mandamus complaint. The Supreme Court denied the writ and awarded Relator $1,000 in statutory damages, holding (1) Relator's requests for the kites were moot because the DRC provided all the requested kites; and (2) Relator was entitled to statutory damages. View "State ex rel. Straughter v. Ohio Dep't of Rehabilitation & Correction" on Justia Law