| Case No. | Case Caption | Case Status | Date
Accepted | Case Issue |
|
2019-0873
|
City of Centerville
v.
Michael P. Knab
|
OPEN
|
8/20/2019
| PROPOSITION OF LAW NO. 1:
A municipality qualifies as a “victim” under the Ohio
Constitution’s Bill of Rights, at Article I, Section 10a, known as
Marsy’s Law, and is entitled to “full and timely restitution” when it
is “directly and proximately harmed” by the commission of a
criminal offense or act. |
|
2019-0766
|
Bradly Shillingburg
v.
Turtle Creek Assets, Ltd., et al.
|
CLOSED
|
7/24/2019
| “Does R.C. 2711.03 require a trial court to hold an oral hearing on a motion to compel arbitration?” |
|
2019-0697
|
State of Ohio
v.
Oswald Sibrian
|
OPEN
(Held)
|
8/6/2019
| Proposition of Law: Under R.C. 2947.23(C), a trial court need not consider an inmate’s present or future ability to pay court costs, nor must it explain its decision, when ruling on a post-conviction motion to vacate, stay or remit court costs. |
|
2019-0696
|
City of Athens, et al.
v.
Joseph A. Testa [Jeff McClain], Tax Commissioner of the State of Ohio
|
OPEN
|
8/6/2019
| PROPOSITION OF LAW NO. 1
The Home Rule Amendment grants municipal corporations a general power of
municipal taxation, and where a State law engulfs municipal corporations’ general
power of taxation, that State law is unconstitutional.
|
|
2019-0693
|
City of Athens et al.
v.
Joseph A. Testa [Jeff McClain], Tax Commissioner of the State of Ohio
|
OPEN
|
8/6/2019
| Proposition of Law No. 1: A State-administered, centralized system
for reporting and collecting municipal net profits taxes, paid for by a
tax on municipalities, violates the Home Rule Amendment of the Ohio
Constitution. |
|
2019-0665
|
Crown Services, Inc. et al.
v.
Miami Valley Paper Tube Company
|
OPEN
|
7/23/2019
| Proposition of Law No. I: A dismissal by a trial court of an action, otherwise properly venued, on the grounds of forum non conveniens constitutes a final, appealable order under R.C. 2505.02. |
|
2019-0658
|
The City of Alliance, Ohio
v.
Marlington Local School District Board of Education
|
OPEN
|
7/23/2019
| Appellant’s Proposition of Law No. I:
A Municipality Which, By Contract, Extends a Real Property Tax Exemption Within
a Community Reinvestment Area, Has the Exclusive Authority and Discretion to
Control the Pursuit, Negotiation, Settlement and Distribution of any Legal Remedies
Pursued and Recoveries Procured Following the Breach of the Exemption Contract. |
|
2019-0658
|
The City of Alliance, Ohio
v.
Marlington Local School District Board of Education
|
OPEN
|
7/23/2019
| Appellant’s Proposition of Law No. II:
A Municipality Which Elects to Pursue Legal Remedies and Recoveries Following
the Breach of a Contract that Provides for a Real Property Tax Exemption Within a
Community Reinvestment Area is Not Confined or Limited to a “Clawback” or
“Recapture” Recovery (the Authorizing Statutes, R.C. 3735.671 and 3735.68, are
Cumulative and Not Exclusive of Contract Remedies). |
|
2019-0658
|
The City of Alliance, Ohio
v.
Marlington Local School District Board of Education
|
OPEN
|
7/23/2019
| Appellant’s Proposition of Law No. III:
The Settlement of Disputes is Favored as a Matter of Public Policy, and a Court is
Not at Liberty to Alter or Interfere with the Contractual Terms of Adjustment,
Settlement, and Distribution Fashioned by a Party With Exclusive Control to Make
Such Settlement and Distribution of the Resulting Recovery, in Light of the
Constitutional Protection Against the Encroachment Upon Contracts. |
|
2019-0655
|
State of Ohio
v.
Kyle Patrick
|
OPEN
|
7/23/2019
| Proposition of Law No. 1: Imposition of Any Life Imprisonment Sentence Upon a Juvenile Offender Without Taking Into Consideration Factors Commanded by the Eighth and Fourteenth Amendments to the United States Constitution and Article I, Section 10 of the Constitution of Ohio violates these provisions |
|