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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.

Contract Language Prevails Unless Absurd Results Follow

In the case of Teays Valley Local School Dist. Bd. of Edn. v. Struckman, 2023-Ohio-244, the appellate court held that the explicit terms of a contract between an individual and school board were controlling because the plain language of the contract clearly indicated the intent of the parties. In this case, a former property owner […]

Is a Public Records Copy Too Expensive? Send an Invoice!

In the case of State ex rel. Ware v. Kurt, 2023-Ohio-202, an appellate court held that, on the one hand, a county official violated R.C. 149.43 by not providing an invoice to produce a lengthy document, but, on the other hand, the requestor was not entitled to statutory damages as the requestor failed to prove […]

Zoning Amendments … 1 … 2 … 3 … No More Tree

In the case of Armatas v. Plain Twp., 2023-Ohio-204, an appellate court held that a township board of trustees did not violate the zoning resolution amendment process set forth in R.C. 519.12 when the trustees removed the definition of “tree” from a zoning resolution. As a preliminary matter, it is important to know that R.C. […]

UPDATED: SCOTUS to Determine IDEA Exhaustion Issues

On October 3, 2022, the Supreme Court for the United States accepted jurisdiction in the case of Perez v. Sturgis Pub. Schools, U.S. Supreme Court Case No. 21-887, to determine (1) whether, and in what circumstances, courts should excuse further exhaustion of the administrative proceedings under the Individuals with Disabilities Education Act (“IDEA”) when such proceedings […]

UPDATED: District Court Strikes Down All Mask Mandates

In the case of Corbett v. Transp. Sec. Administration, 143 S.Ct. 395, the Supreme Court of the United States (“SCOTUS”) refused to hear an appeal on whether the Transportation Security Administration (“TSA”) may mandate masks at public transportation conveyances and at transportation hubs during the height of the COVID-19 pandemic. Previously, on December 10, 2021, the […]

Parody Found Not to Be Defamatory Under the Reasonable Reader Test

In the case of Corso Ventures, L.L.C. v. Paye, 2023-Ohio-127, an appellate court held that an author of three articles posted to a website cannot be liable for defamation as the website articles in question were clearly parody under the reasonable reader test. In this case, the restaurant argued that the website articles could not […]