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Three judges from district courts throughout the state served as visiting judges on the Supreme Court of Ohio today hearing oral arguments in five cases. The judges were selected by Chief Justice Thomas J. Moyer to sit in place of Justice Alice Robie Resnick who recused herself from the five cases.
Sitting on the Court were Judge Cheryl Waite of the 7th District Court of Appeals, Judge William Wolff of the 2nd District Court of Appeals, and Judge Alan Travis of the 10th District Court of Appeals.
Judge Waite heard the first two arguments. Case no. 2005-1638, Strongsville Board of Education et al. v. Cuyahoga Cty. Bd. of Revision, involved a challenge by the City of Strongsville and Strongsville Board of Education to the Cuyahoga County Auditor's 2000 and 2001 tax valuations of a 121,000-square-foot office building constructed on a 21.5-acre parcel of land within that city. Case no. 2005-1802, Morrow County Airport Authority v. Whetstone Flyers Ltd. examined whether an airport authority is bound by the terms of a lease agreement it entered into with a private vendor when a member of the airport authority who signed the lease was also a partner in the vendor company, and therefore acted in violation of state ethics statutes.
Judge Wolff heard the third and fourth arguments. Case nos. 2005-1993/2005-2032, Elston v. Howland Local Schools, involved a freshman baseball team member who suffered injuries while pitching batting practice and questions whether a state law that grants immunity from civil liability to boards of education also applies to judgments of individual school system employees. Case no. 2005-1994, In Re: Brayden James, involved a custody rights case out of Hamilton County in which an infant who, based on medical injuries suggesting abuse, was removed from the care of his parents and placed in the custody of his grandparents.
Judge Travis heard the fifth argument. Case nos. 2006-0613/2006-0614, In Re Walters and Wright v. Atheena Walters, involved an effort to set aside as invalid the adoption of two minor children, Ashley and David Walters, by their stepfather, Robert Walters. The legal challenge is based on an alleged failure by the Fairfield County Probate Court to give proper notice of a hearing in the adoption proceedings to the children's natural father, William Wright.
According to the Ohio Constitution, in the event of a recusal by a Justice, the Chief Justice of the Supreme Court can select any of the 68 sitting Ohio appellate court judges to sit temporarily on the Supreme Court.
“We are pleased to have these three judges join us today,” Chief Justice Moyer said. “Their participation provides the parties in the case with a court of seven justices despite the recusal of Justice Resnick.”
Archived video of cases argued before the Supreme Court of Ohio since March 2004 are available at: www.supremecourtofohio.gov/videostream.
For a high resolution, publication-quality photo of Judge Waite, please click on the above photo or visit: http://www.supremecourtofohio.gov/Communications_Office/Press_Releases/2006/waite_highres.zip.
For a high resolution, publication-quality photo of Judge Wolff, please click on the above photo or visit: http://www.supremecourtofohio.gov/Communications_Office/Press_Releases/2006/wolff_highres.zip.
For a high resolution, publication-quality photo of Judge Travis, please click on the above photo or visit: http://www.supremecourtofohio.gov/Communications_Office/Press_Releases/2006/travis_highres.zip.
Contact: Andrea M. Strle at 614.387.9250.