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A Governmental Function Includes Considering Development Plans

In the case of CR Hill, L.L.C. v. Westlake, 2022-Ohio-693, the Ohio Eighth District Court of Appeals held that a city was immune from liability for tort claims arising from the city’s review of development plans. Here, a private developer argued that the city violated the applicable zoning codes in denying the private developer’s plans. […]

Citizens May Not Be Able to Challenge Appointments to City Council

In the case of State ex rel. Baker v. Fox, 2022-Ohio-667, the Ohio Fifth District Court of Appeals held that a private citizen lacked standing in a “quo warranto action” to challenge the appointment of a public official – who already held an at-large council position – to a ward council position. The purpose of […]

Ohio Attorney General Seeks Records Relating to Parent Surveillance

On March 4, 2022, Ohio Attorney General Dave Yost joined thirteen other state attorneys general in suing the Biden Administration for failing to respond to Freedom of Information Act requests seeking communications leading up to a controversial October 4, 2021 United States Attorney General memorandum calling for the surveillance of parents who allegedly threatened, intimidated, […]

Appraisal Evidence Must Be Considered When Valuing Encumbered Property

In the case of Spirit Master Funding IX, L.L.C. v. Cuyahoga Cty. Bd. of Revision, 2022-Ohio-610, the Ohio Eighth District Court of Appeals held that the Board of Tax Appeals (“BTA”) must consider appraisal evidence along with the sale price when valuing encumbered property. Here, the BTA rejected an appraiser’s assertions that a lease (which […]

Removing Trees from Tree Lawns Deemed a Governmental Function

In the case of Scroggs v. Cincinnati, 2022-Ohio-450, the Ohio First District Court of Appeals held that a city was immune from a citizen’s negligence claim when the citizen was allegedly injured by falling into a hole left by uprooting a tree in the area between the sidewalk and street – i.e., the tree lawn. […]

Simple Majority Congressional Map Only Effective for Four Years

On March 1, 2022, the Ohio Attorney General issued a formal opinion to Ohio House Speaker Bob Cupp explaining that, under Article XI Section 1(B)(1) of the Ohio Constitution, the Ohio Redistricting Commission may adopt a new congressional voting map by a simple majority vote. The Attorney General further explained that Article XIX Section 3(B)(2) […]