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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.

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 […]

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. […]

Political Subdivision Employees May Be Liable for Negligent Hiring

In the case of Doe v. Cuyahoga Cty. Community College, 2022-Ohio-527, the Ohio Eighth District Court of Appeals remanded a negligent hiring case back to the trial court to determine whether any acts or omissions of college administrators were taken with malicious purpose, in bad faith, or in a wanton or reckless manner. Here, a […]

COVID-19 Relief Bill Did Not Extend Board of Revision Filing Deadline

In the case of Northridge Local Schools Bd. of Edn. v. Montgomery Cty. Bd. of Revision, 2022-Ohio-495, the Ohio Second District Court of Appeals affirmed the Board of Tax Appeals’ dismissal of a taxpayer’s property valuation complaint filed with the county board of revision (“BOR”) as untimely. While R.C. 5715.19(A)(1) includes a deadline for filing […]