Is “Standing” Required Before Boards of Zoning Appeals?

In General, Real Estate, Tax by Coolidge Wall

The Board of Zoning Appeals (“BZA”) of a political subdivision in Ohio is an administrative body which conducts “quasi-judicial” proceedings. BZA decisions can be appealed under Ohio Revised Code §2506.01. State ex rel. Travelcenters of Am., Inc. v. Westfield Township Zoning Comm (1999) 87 Ohio St.3d 161. The BZA must establish a record of proceedings which, upon review by a court of common pleas, is not determined to be “unconstitutional, illegal, arbitrary, capricious, unreasonable, or unsupported by the preponderance of substantial, reliable, and probative evidence on the whole record.” R.C. §2506.04. Therefore, a BZA should not consider evidence which is …

EEOC Challenges Wellness Programs

In General, Healthcare Reform by Coolidge Wall

Many employers are implementing wellness programs associated with providing employees health insurance. The EEOC is concerned about wellness programs and has filed at least two complaints this year alleging that an employer’s wellness program violated the Americans with Disabilities Act of 1990. In the first complaint, EEOC v. Orion Energy Systems, Inc., the employer implemented a wellness program under which the employees were required to complete a health risk assessment that included a physical fitness component. The health risk assessment required that employees disclose their medical history, answer disability-related inquiries, and have blood work performed. One employee objected to participation …

An Overview of the Process of Appealing a Decision of the Board of Revision

In Real Estate, Tax by Coolidge Wall

The Board of Revision is traditionally the starting point for appealing the County’s valuation of your real property. But is a Board of Revision determination final, or is further review available? Further review is available; determinations of the Board of Revision may be appealed to either the Board of Tax Appeals or the Court of Common Pleas. Below are some fast facts regarding the appeals process. Timing. Regardless of whether the appeal is taken to the Board of Tax Appeals or to the Court of Common Pleas, the deadline to appeal is the same: thirty (30) days from the date …

IRS Announces 2015 Pension Plan Limitations

In Employee Benefits, General by Coolidge Wall

On October 23, 2014, the IRS announced cost-of-living adjustments for 2015 retirement plan contributions. For 2015, the amounts that individuals will be able to contribute to retirement plans will increase $500 to $18,000. The catch-up contribution limit for employees age 50 and over will also increase $500 to $6,000. This chart summarizes the limitations for 2015: Contribution Limits 2015 2014 Elective Deferral Limit – 401(k), 403(b) and 457(b) Plans $18,000 $17,500 Catch-Up Contribution Limit $6,000 $5,500 Elective Deferral Limit – SIMPLE Retirement Plan $12,500 $12,000 Catch-Up Contribution Limit – SIMPLE Retirement Plan $3,000 $2,500 Contribution Limit – IRA $5,500 $5,500 …

Employee Background Checks: The Importance of Doing Them Right

In Employment Law by Coolidge Wall

Many of us know the name Edward Snowden. He is the Computer specialist accused of espionage and theft of government property. He allegedly revealed large-scale domestic spying efforts conducted by the United States and British governments. As a former contractor with access to highly sensitive information, his actions caused international scandal, a manhunt, and general animosity toward the United States and its secret, sanctioned invasion of the rights of its citizens. This past June, the government Office of Personnel Management noted that Mr. Snowden’s pre-employment background check may have been done incorrectly. This revelation – and the security breach resulting …

Putting the Money Where Its Mouth Is: DOL Funds 19 States’ Independent Contractor Misclassification Crackdown

In Business Law, General by Coolidge Wall

On September 15, the U.S. Department of Labor announced its award of $10.2 million in grants to 19 states to aid in their worker misclassification detection and enforcement efforts in unemployment insurance programs. Ohio is not a grant recipient, but our next door neighbor, Indiana, is receiving a hefty sum of $500,000. The money is meant to help state unemployment agencies discover situations where employers are misclassifying employees as independent contractors, which typically means the employer is not reporting the individual’s compensation to the agency. The states chosen to receive the grants will use them to improve audit and education …

Identifying Inheritance Fraud

In Estate Planning, General by Coolidge Wall

Inheritance fraud involves using deceit or misrepresentation to obtain undeserved assets or property from a decedent. While it may sound like something that could never happen to you or anyone you know, inheritance fraud occurs more frequently that you might imagine. Consider the following examples of inheritance fraud: Forgery – Typically, forgery is the most widely recognized type of inheritance fraud. An heir, bitter over his or her inheritance (or lack thereof), could forge certain terms of a will or the signature of the testator, or even fabricate an entire will. Elder abuse – Elder abuse may be physical, sexual, …

Lawyers Recognized in Best Lawyers in America®

In General by Coolidge Wall

Coolidge Wall is privileged to announce that three of its attorneys have received special recognition in 2015 Best Lawyers in America® as “Lawyer of the Year” for a particular practice area. The “Lawyer of the Year” (LOTY) recognition is given to one attorney in each practice area in each locale. The attorneys receiving this special honor are: John C. Chambers, 2015 “Lawyer of the Year” in Real Estate Law in Dayton; Merle F. Wilberding, 2015 “Lawyer of the Year” in Corporate Law in Dayton; and Sam Warwar, 2015 “Lawyer of the Year” in Tax Law in Dayton. Additionally, the firm …

Another Billion Dollar Rebate!

In Business Law, Employment Law, General by Coolidge Wall

State fund employers in Ohio will be pleased to know that the Bureau of Workers’ Compensation is again preparing a $1 billion rebate of premiums to them. Based upon payments made in 2012, state fund employers will qualify for another rebate of premiums. It is important to note, though, that you must be up to date in premium payments in order to qualify for the rebate. The BWC Board of Directors is expected to approve this proposal during the week of September 22 with rebate checks being issued in October. If you have questions, please contact  David Korte at 937-223-8177 …

Announcing the addition of new personnel

In General by Coolidge Wall

Coolidge Wall proudly announces several recent additions to its legal staff. Attorney Lu Ann Stanley has joined the firm’s Estate Planning/Probate Department. Ms. Stanley has been practicing law for over 25 years and specializes in Estate Planning, Trusts, Probate, and Guardianships. Jennifer R. Roberts, a recent graduate of The University of Dayton School of Law, is the newest addition to the firm’s Litigation Department. Amy R. Webster, a paralegal, will be supporting our Litigation and Labor Departments. She has over 20 years of prior experience.