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Category: Case Updates

Court decisions from across the country have implications right here in Ohio. Here is a selection of recent cases, and why they matter.

No Liability for Road Sinkhole Flooding Basement

In the case of Schlegel v. Summit Cty., 2023-Ohio-2866, an appellate court held that the county was not liable for flood damages to the citizen’s basement under R.C. 2744.02(B)(3) when the damage resulted from a sinkhole in the road but not from the citizen utilizing the road. In this case, the citizen argued that R.C. […]

Preliminary Injunction Enough to Be a Prevailing Party

In the case of G.S. v. Lee, 6th Cir. No. 22-5969 (Aug. 14, 2023), a federal appellate court held that the disabled students were entitled to attorney’s fees when the disabled students were awarded a preliminary injunction, but not a permanent injunction, to stop the governor from enforcing an executive order than allowed grade-school students […]

Preliminary Injunction Enough to Be a Prevailing Party

In the case of G.S. v. Lee, 6th Cir. No. 22-5969 (Aug. 14, 2023), a federal appellate court held that the disabled students were entitled to attorney’s fees when the disabled students were awarded a preliminary injunction, but not a permanent injunction, to stop the governor from enforcing an executive order than allowed grade-school students […]

City Auditors Must Submit Petitions to Board of Elections

In the case of State ex rel. LaChapelle v. Harkey, Slip Opinion No. 2023-Ohio-2723, the Ohio Supreme Court held that the city finance director, acting as the city auditor, was required to transmit a referendum petition to the board of elections when the realtor complied with all referendum procedures pursuant to R.C. 731.28 through R.C. […]

Ohio Fair Plan Underwriting Association is a Public Office

In the case of State ex rel. Fair Housing Opportunities of Northwest Ohio v. Ohio Fair Plan, Slip Opinion No. 2023-Ohio-2667, the Ohio Supreme Court held that the underwriting association was a public office and must comply with public record requests when the association was created by state statute to be a public office. In […]