If you drive down Main Street in any college town, you are likely to encounter newly developed and/or renovated luxury apartments. Many of these apartments will have rent that outpaces the average mortgage payment in the region.
In my September 6, 2018 blog post, I discussed the U.S. Supreme Court's May 2018 ruling in Murphy v. National Collegiate Athletic Association, which found the federal Professional and Amateur Sports Protection Act of 1992 ("PASPA") unconstitutional. PASPA prohibited state-sanctioned sports betting and effectively outlawed sports betting outside of Nevada. The Court's ruling opened the door for all 50 states to legalize sports betting within their borders.
In December of 2016, the Ohio Supreme Court, in State ex rel. Caster v. City of Columbus, 2016-Ohio-8394, changed the way that a public office may respond to a public records request where the confidential law enforcement investigatory records exception applies.
On September 28, 2016, Ohio Revised Code Section 2743.75 went into effect, which gives the Court of Claims exclusive and sole jurisdiction over disputes alleging denial of access to public records. This Section gives aggrieved individuals an alternative to filing a mandamus action if their public records request is denied.
Abandoned vehicles are an all too common problem for owners of repair garages, towing services, and storage facilities. Fortunately, Ohio law allows these businesses to claim title to abandoned vehicles and if done properly, without the excessive cost of litigation to secure Court ordered title.
Ohio cities have flexibility under Ohio law to establish laws in accordance with the powers of local self-government, otherwise known as Home Rule Authority. The relevant provisions of the Ohio Constitution were enacted in 1912 and read:
Coolidge Wall Co., L.P.A. is pleased to announce that six of its attorneys have been selected by their peers as 2015 Ohio Super Lawyers®:
What is procedural due process? Procedural due process is a constitutionally protected interest. Due to this interest, prior to any taking of life, liberty, or property by the government, United States' citizens are entitled to notice and the opportunity to be heard.
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.
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.