DOCSLIB.ORG

Sep 1 7 2007 Clerk of Court Supreme Court of Ohio

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Sep 1 7 2007 Clerk of Court Supreme Court of Ohio IN THE SUPREME COURT OF OHIO State of Ohio ex rel. Case No. 07-1639 William C. Lewis, Relator, vs Jodi Rolston, et al., ORIGINAL ACTION IN MANDAMUS AS AN EXPEDITED ELECTION Respondents MATTER MERIT BRIEF OF RESPONDENTS Susan Zurface Daniels 0070953 225 North West Street P. O. Box 589 Hillsboro, Ohio 45133 Telephone 937-393-9285 Fax 937-393-9228, Counsel for Relator, William C. Lewis Jon C. Hapner 0003017 Law Director, Village of Sabina 127 North High Street Hillsboro, Ohio 45133 Telephone 937-393-3487 SEP 1 7 2007 Fax 937-393-5388, CLERK OF COURT Counsel for Respondents SUPREME COURT OF OHIO TABLE OF CONTENTS Page No. Table of Authorities i. Statement of Facts 01 Argument: Proposition of Law Number One , 02 Compliance with Revised Code 731.32 is mandatory in the matter of referendums and initiatives. The proponents are not entitled to a writ of mandamus when they fail to verify a certified copy of the proposed ordinance in an initiative petition. In the matter of a referendum, it would require the certification to be made by the appropriate municipal authority. Proposition of Law Number Two 04 The proponents of an initiative are not entitled to a vote when the proposal is a resolution, not an ordinance. Proposition of Law Number Three 05 The Clerk of a Village is not abusing her discretion when an initiative proposal submitted, but illegal or void upon its face and conflicts with the general law of Ohio, and she refuses to certify the proposal to the Board of Elections. Proposition of Law Number Four 07 In the matter of an initiative petition in a statutory village, the Village Council has no part in the procedure, and hence is not a proper party to a writ of mandamus, to certify a proposal to the Board of Elections, or a writ of prohibition, or any other actions concerning the validity of invalidity of the proposed initiative. Proposition of Law Number Five 08 The sections of RC 731.35 requiring an itemized statement by the circulator of a petition are mandatory, and failure to comply with the same is grounds to refuse to certify any initiative or referendum petition to the Board of Elections. Proposition of Law Number Six 09 In considering attomey fees in a writ of mandamus, the prevailing party must show some public benefit in order to be awarded attorney fees. 1. TABLE OF AUTHORITIES Page No. Fondessy Enterprises vs City of Oregon, 23 Ohio St. 3d 213, 230 OBR 372 06 Harrison vs Judge, 63 Ohio St. 3d 766 09 Hopkins vs Marburger, 31 ONP NS 171 02 State ex rel. Barletta vs Fersch, 99 Ohio St. 3d 295 03 State ex rel. Bey vs Kirker, 42 Ohio St. 2d 454 03 State ex rel. Bogart vs Board of Elections, 67 Ohio St. 3d 554 02 State ex rel. CCB vs Cuyahoga Co. Bd. Of Elections, 62 Ohio St. 3d 167 03 State ex rel Debrosse vs Cool, 87 Ohio St. 3d 1 05 State ex rel Mika vs Lemon, 67 Ohio St. 3d 554 02,03 State ex rel Steel vs Morris, 103 Ohio St. 3d 355 03 State ex rel Thurn vs Bd. Of Elections, 77 Ohio St. 3d 289 03 State ex rel. Walter vs Edgar, 13 Ohio St. 3d 1, 13 OBR 377 05 Wuebker vs FIopkins, 29 Ohio App. 386, 164 NE 566 04 Revised Code 121.22 08 . 705.25 06,08 f 731.13 06,08 731.18 04 731.28 7,08 11. 731.29 04,07 731.31 07 731.35 08 733.581 to 733.61 08 735.271 05,08 735.272 05,08 01 STATEMENT OF FACTS We believe the stipulations were sufficient. However, Relator's Statement of Facts in his merit brief raise some issues. , 01. The alleged ordinance was attached to all preprinted part petitions by scotch tape at the top and bottom of the language quoted in Relator's statement of Facts. (Relator's counsel never examined the petitions.) 02. No person on the proponents behalf verified, attested, or certified the language of the ordinance. 03. The handwriting by Ms. Rolston is on the preprinted part petition and put there at the request of Mr. Lewis on all eleven part petitions. 04. The signed part petitions were filed on July 12, 2007. 05. Ms. Rolston received the letter from the Law Director on July 18, 2007. 06. The Relator was advised of the Village position on July 20, 2007. 07. Contrary to the implications of Relator's statement, the feed back problem began before Mr. Lewis spoke, and the initial comments by Mr. Lewis concerned the matter of a building permit for a duplex in his neighborhood. 08. No part of Mr. Lewis comments on the petition were eliminated from the minutes and Mr. Lewis did not discuss RC 731.2,8, and the Court's holding in State ex rel Debrosse vs Cool. Mr. Lewis did state that it would be cost effective to put the matter on the ballot and did state that he intended to pursue a writ of mandamus. 09. Mr. Lewis did not file the post circulation statement required by law. 02 PROPOSITION OF LAW NUMBER ONE Compliance with Revised Code 731.32 is mandatory in the matter of referendums and initiatives. The proponents are not entitled to a writ of mandamu$ when they fail to verify a certified copy of the proposed ordinance in an initiative petition. In the matter of a referendum, it would require the certification be made by the appropriate municipal authority. ARGUMENT It is settled law that compliance with Ohio Revised Code 731.32 is mandatory. State ex rel. Mika vs Lemmon, 170 Ohio St. 1, State ex rel. Booart vs Board of Elections, 67 Ohio St. 3d 554. Going way back, to a decision on the language of Revised Code 731.32, in Hopkins vs Marbureer. 31 Ohio Nisi Prius New Series 171, the Trial Court held that the sections are mandatory, and before any ordinance may be initiated, the requirements must be substantially complied with, which are: (A) the ordinance to be submitted must be filed with the Auditor; (B) it must bear upon its face the statement of someone that it is the very ordinance which is to be submitted to the electors; © the right to initiate an ordinance is personal, and the copy filed with the Auditor must bear the name of some person who sponsors it. Therefore, depositing a copy of the ordinance which someone desires to initiate in the Clerk's Office without formally filing the same, which does not bear the verification of any person upon its face nor the certificate of anyone thereon, is not a substantial compliance witl^ the statute, even though it is deposited with the Clerk before the circulation of the petitions and ilt is a true copy of the ordinance. Although a lower court case, it does make the distinction between the referendum and initiative petition. 03 As noted, the referendum entails a vote on an action of the municipality, whereas the initiative is proposed by an individual or committee outside the municipality. Therefore, the initiative ordinance should be certified by the appropriate proponent or members of the proponent to certify and attest to the accuracy of the same. As noted in the facts, the proposal was attached to the part petition with scotch tape, and was not signed or attested or verified by a proponent of the proposal. Mr. Lewis had Mrs. Rolston sign the language at his request, on each part petition, all ten of them. We submit that this does not comply with the requirements, since it was not attested to by a proponent, and the so called certification was on the part petition not the proposal. Why Mr. Lewis did not submit a verified copy of the measure by itself as required by statute is not known. This Court has required strict compliance with the provisions of 731.32. State ex rel. Bey vs Kirk, 42 Ohio St. 2d 454, State ex rel. Mika vs Lemmon, 170 Ohio St. 1, State ex rel. Thern vs Board of Elections, 72 Ohio St. 3d 289, State ex rel. CBB vs Cuvahoaa Board of Elections, 62 Ohio St. 3d 167. We concede that the petition filed with the Village Clerk was a copy of the proposed resolution. However, the requirement of certification would be a matter for the proponents, who would be apparently Mr. Lewis, Thomas Ray Self, Roger Earl Orchard, and Robert Donavan Blake. There is an absence of verification or attestation by any of the aforementioned committee members on the pAtion and paper filed on May 17, 2007. The writing by the Clerk as Village Clerk does not estop the Village from raising the issue. State ex rel. Barlettea vs Fersch, 99 Ohio St. 3d 295. In a rather recent case, this Court held in State ex rel. Steele vs Morris, 103 Ohio St. 3d 355, that the attestation or certification 04 must be made. Failure by the proponents to comply with the certification (verification) requirements would be grounds to deny the writ of mandamus. SECOND PROPOSITION OF LAW The proponents of an initiative are not entitled to a vote when the proposal is a resolution not an ordinance. ARGUMENT The petition filed by the proponents of the initiative recite: "An ordinance giving the option to the Mayor to act as Village Administrator. Be It Resolved by the people of the Village of Sabina, State of Ohio, that -- ". The Revised Code Section 731.18 states: "The style of all ordinances shall be, "Be It Ordained by the legislative authority of the Village of State of Ohio." Under the Code, a resolution is proper for informal enactment, while an ordinance is proper for enactment of regulation of general or permanent nature.
Load more

Recommended publications
  • The Color Line in Ohio Public Schools, 1829-1890
    THE COLOR LINE IN OHIO PUBLIC SCHOOLS, 1829-1890 DISSERTATION Presented In Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By LEONARD ERNEST ERICKSON, B. A., M. A, ****** The Ohio State University I359 Approved Adviser College of Education ACKNOWLEDGMENTS This dissertation is not the work of the author alone, of course, but represents the contributions of many persons. While it is impossible perhaps to mention every­ one who has helped, certain officials and other persons are especially prominent in my memory for their encouragement and assistance during the course of my research. I would like to express my appreciation for the aid I have received from the clerks of the school boards at Columbus, Dayton, Toledo, and Warren, and from the Superintendent of Schools at Athens. In a similar manner I am indebted for the courtesies extended to me by the librarians at the Western Reserve Historical Society, the Ohio State Library, the Ohio Supreme Court Library, Wilberforce University, and Drake University. I am especially grateful to certain librarians for the patience and literally hours of service, even beyond the high level customary in that profession. They are Mr. Russell Dozer of the Ohio State University; Mrs. Alice P. Hook of the Historical and Philosophical Society; and Mrs. Elizabeth R. Martin, Miss Prances Goudy, Mrs, Marion Bates, and Mr. George Kirk of the Ohio Historical Society. ii Ill Much of the time for the research Involved In this study was made possible by a very generous fellowship granted for the year 1956 -1 9 5 7, for which I am Indebted to the Graduate School of the Ohio State University.
    [Show full text]
  • Conflict of Laws
    Case Western Reserve Law Review Volume 6 Issue 3 Article 9 1955 Conflict of Laws Fletcher R. Andrews Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation Fletcher R. Andrews, Conflict of Laws, 6 W. Rsrv. L. Rev. 227 (1955) Available at: https://scholarlycommons.law.case.edu/caselrev/vol6/iss3/9 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. 19551 SURVEY OF OHIO LAW- 1954 An action shall be deemed to be commenced within the meaning of sections 2305.03 to 2305.22, inclusive ... as to each defendant, at the date of the summons which is served on him or on a co-defendant who is ...united in interest with him," would help them out of the dilemma. The court pointed out, however, that no heir at law was united in interest with executrix or the legatee,60 and that none of the three originally named heirs at law had ever been served at all, so that there was no need to determine whether service on one of them would have satisfied the statute as to the other two or as to those not even named. Furthermore, the statute only applies to defendants, and its plain provisions cannot be avoided by making defendants into plaintiffs, after the limitation had expired.
    [Show full text]
  • Ohio Rules of Evidence
    OHIO RULES OF EVIDENCE Article I GENERAL PROVISIONS Rule 101 Scope of rules: applicability; privileges; exceptions 102 Purpose and construction; supplementary principles 103 Rulings on evidence 104 Preliminary questions 105 Limited admissibility 106 Remainder of or related writings or recorded statements Article II JUDICIAL NOTICE 201 Judicial notice of adjudicative facts Article III PRESUMPTIONS 301 Presumptions in general in civil actions and proceedings 302 [Reserved] Article IV RELEVANCY AND ITS LIMITS 401 Definition of “relevant evidence” 402 Relevant evidence generally admissible; irrelevant evidence inadmissible 403 Exclusion of relevant evidence on grounds of prejudice, confusion, or undue delay 404 Character evidence not admissible to prove conduct; exceptions; other crimes 405 Methods of proving character 406 Habit; routine practice 407 Subsequent remedial measures 408 Compromise and offers to compromise 409 Payment of medical and similar expenses 410 Inadmissibility of pleas, offers of pleas, and related statements 411 Liability insurance Article V PRIVILEGES 501 General rule Article VI WITNESS 601 General rule of competency 602 Lack of personal knowledge 603 Oath or affirmation Rule 604 Interpreters 605 Competency of judge as witness 606 Competency of juror as witness 607 Impeachment 608 Evidence of character and conduct of witness 609 Impeachment by evidence of conviction of crime 610 Religious beliefs or opinions 611 Mode and order of interrogation and presentation 612 Writing used to refresh memory 613 Impeachment by self-contradiction
    [Show full text]
  • Political Parties, Interest Groups, and Elections in Ohio
    Chapter 8 Political Parties, Interest Groups, and Elections in Ohio Major and Minor Parties in Ohio Ohio has a very rich history of strong political parties. The Ohio Democratic Party is older than the Republican Party, having its origins in the foundingdistribute period of the state. Initially, a party known as the Federalists served as the main rival to the Dem- ocratic Party (or the Democratic or Jeffersonian Republicans,or as they were sometimes know). As the Federalist Party faded, the Whig Party emerged as the opponent of the Democrats.1 The Whigs were strong in the “Western Reserve” part of the state, which is the northeast corner of Ohio. The Whig Party held to strong abolitionist views and so served as the natural core for the emergence of Republican Party in Ohio in the 1850s. post, Beyond the Democrats and the Republicans, minor political parties have struggled to gain ballot access and sustain their legal status in Ohio. In the 2012 general election, no minor parties received even 1 percent of the vote, although the Libertarian Party presidential candidate came close, receiving .89 percent of the popular vote. Among thecopy, other minor parties, the Socialist Party presidential can- didate received .05 percent of the vote, while the Constitution Party received .15 percent and the Green Party received .33 percent. Even thoughnot third parties do not currently have much hope for winning the plurality of the vote necessary to actually be awarded an office in Ohio, they can affect a close election by siphoning off votes that might otherwise go to one of the majorDo party candidates.
    [Show full text]
  • Chapter 1 the Constitutional Framework of Ohio State Government
    Chapter 1 The Constitutional Framework of Ohio State Government Image courtesy of the Capitol Square Review and Advisory Board Advisory and Review Square Capitol the of courtesy Image Statehouse Map Room What is a Constitution? A constitution is the fundamental law of a state or nation. It is a written document agreed to by the people and thus derives its authority from those it governs. A constitution establishes the nature and character of the state or national government. It organizes government into various branches, prescribes their powers, and specifies the extent to which these powers may be exercised. The Ohio Constitution is the fundamental law of Ohio and is subject only to the restrictions of the United States Constitution, acts of Congress, and international treaties to which the United States is a party. It may be changed only by voter approval of proposed amendments. Like the United States Constitution, the Ohio Constitution organizes government into three separate branches: the legislative, the executive, and the judicial. Each branch is independent of the other two and has defined powers and responsibilities. All laws enacted by the legislative branch must comply with the Constitution’s provisions; those that do not are unenforceable. LSC A Guidebook for Ohio Legislators Page | 1 Chapter 1: The Constitutional Framework of the Ohio State Government Ohio’s first constitution was approved by Congress in 1802 as a first step to Ohio’s admission to the Union as a state. Ohio’s second constitution, the Constitution of 1851, as subsequently amended, is today’s fundamental law of Ohio. A constitution is the fundamental law of a state or nation.
    [Show full text]
  • Records and Sources of Ohio Law from 1787-1850 William H
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Cleveland-Marshall College of Law Cleveland State University EngagedScholarship@CSU Cleveland State Law Review Law Journals 1968 Records and Sources of Ohio Law from 1787-1850 William H. Vodrey Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the Legal Writing and Research Commons How does access to this work benefit oy u? Let us know! Recommended Citation William H. Vodrey, Records and Sources of Ohio Law from 1787-1850, 17 Clev.-Marshall L. Rev. 583 (1968) This Article is brought to you for free and open access by the Law Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. 583 Records and Sources of Ohio Law From 1787-1850 William H. Vodrey* TABLE OF CONTENTS (Sequence) Preface ------------------------------------------------------ 584 Records and Sources I. Basic Documents A. Northwest Territory --- --------------- 585 B. Ohio Constitutional Convention ------------------------- 585 II. Laws of Ohio A. Miscellaneous Compilations ---------------------------- 586 B. Indexes ---------------------------------------------- 588 III. Reports of Ohio Cases A. Senate ------------------------------------------------ 589 B. Supreme Court --------------------------------------- 590 C. Common Pleas Courts --------------------------------- 592 D. Federal
    [Show full text]
  • Municipal Government in Ohio Before 1912 HARVEY WALKER*
    OHIO STATE LAW JOURNAL Volume 9 1948 Number 1 Municipal Government in Ohio Before 1912 HARVEY WALKER* While the Constitutional Convention was laboring behind closed doors in the summer heat of 1787 in Philadelphia, little bands of pioneers from Massachusetts -and Connecticut were cross- Ing the Alleghenies to Sumrills Ferry, Pennsylvania. There, during the fall and winter of 1787-88, they built boats to carry them to the Ohio, and down that mighty stream to the mouth of the Mus- kingum, where they arrived on April 7, 1788 to establish the first town in the Northwest Territory, Marietta.' Arthur St. Clanr, the first governor- of the Northwest Territory, arrived on July 9 to make it the seat of government in the Territory A few months later, in the fall of 1788, another town was settled, opposite the mouth of the Licking River, on the north bank of the Ohio. This settlemnt was more advantageously located than the first and Governor St. Clair moved the territorial offices there from Marietta in the fall of 1789 and christened the town Cincin- nati after the noted post-war Revolutionary society Other early settlements, prior to statehood, in 1802, were: Gallipolis (1790), Manchester (1791), Chillicothe (1796), Dayton (1796), Franklinton (1797), Cleveland (1796), Youngstown (1798), Warren (1799) and Ravenna (1799) From 1788 to 1799 the government of the Territory was vested in a governor, a secretary, and three judges. This group was given legislative authority until such time as the population of the terri- tory should be sufficient to warrant the election of a legislative assembly To this group, then, was given authority to establish units of local government.
    [Show full text]
  • JUN 2,4 2010 CLERK of Coiiht
    ^^.^ 31^a^1 IN THE SUPREME COURT OF OHIO CASE NO. JAMES W. SCHULTZ And JULIE SCHULTZ Plaintiffs-Appellants On Appeal from the V. Tenth Appellate District No. 09AP-900 UNIVERSITY OF CINCINNATI College of Medicine, Defendant-Appellee --- ----------- APPELLANTS' MEMORANDUM IN SUPPORT OF JURISDICTION Respectfully submitted, lohn ITfIVIetz [O)Yro)t#0019039] 1117 Edwards Ro Cincinnati, Ohio 45208-3412 (513) 321-8844 JUN 2,4 2010 Fax: (513) 321-6389 e-mail: [email protected] CLERK OF COIiHT Attorney for Plaintiffs-Appellants LSU2RE9GOURT OF 0HI0 Opyosing Counsel: Brian M. Kneafsey, Jr., [#00614411 James P. Triona [#00142721 Asst. Attorney General 2021 Auburn Avenue Court of Claims Defense Section Cincinnati, Ohio 45219 150 E. Gay Street, 18th Floor (513) 576-1060 Columbus, Ohio 43215 Fax: (513) 576-8792 (614) 466-7447 Fax: (614) 644-9185 jtrionana tcl-law.net bkneafseynn ae.state.oh.us Personal Counsel -Dr. Dunsker Attorney for defendants-appellees TABLE OF CONTENTS AND PROPOSITIONS OF LAW L WIIY THIS CASE INVOLVES A SUBSTANTIAL CONSTITUTIONAL QUESTION AND WHY IT IS PUBLIC OR GREAT GENERAL INTEREST ........................................................................... 1 A. PROCEDURAL POSTURE ....................................................... 6 B. STATEMENT OF THE FACTS .................................................. 7 U. ARGUMENT ... ..... .... ...... ........ .......... ... ............ ...... ............ .... 8 PROPOSITION OF LAW NO.1 ................................................................8 1. In making a determination of "immunity" the Court of Claims must consider the entire set of circumstances including any admissions by the defendant. 2. When a state employee swears that his activity which brought about a lawsuit against them is "outside activity" from their State employment, they cannot disavow such sworn representation and claim immunity pursuant to ORC 9.86. PROPOSITION OF LAW NO.
    [Show full text]
  • Ohio Rules of Professional Conduct
    OHIO RULES OF PROFESSIONAL CONDUCT (Effective February 1, 2007; as amended effective June 17, 2020) TABLE OF CONTENTS Preamble: A Lawyer’s Responsibilities; Scope 1 1.0 Terminology 5 Client-Lawyer Relationship 1.1 Competence 11 1.2 Scope of Representation and Allocation of Authority Between Client and 14 Lawyer 1.3 Diligence 18 1.4 Communication 20 1.5 Fees and Expenses 24 1.6 Confidentiality of Information 31 1.7 Conflict of Interest: Current Clients 39 1.8 Conflict of Interest: Current Clients: Specific Rules 50 1.9 Duties to Former Clients 61 1.10 Imputation of Conflicts of Interest: General Rule 65 1.11 Special Conflicts of Interest for Former and Current Government Officers 70 and Employees 1.12 Former Judge, Arbitrator, Mediator, or Other Third-Party Neutral 74 1.13 Organization as Client 77 1.14 Client with Diminished Capacity 82 1.15 Safekeeping Funds and Property 86 1.16 Declining or Terminating Representation 92 1.17 Sale of Law Practice 96 1.18 Duties to Prospective Client 102 Counselor 2.1 Advisor 105 2.2 [Reserved for future use; no corresponding ABA Model Rule] 2.3 Evaluation for Use by Third Persons 107 2.4 Lawyer Serving as Arbitrator, Mediator, or Third-Party Neutral 110 Advocate 3.1 Meritorious Claims and Contentions 112 3.2 Expediting Litigation [Not Adopted; See Note] 113 3.3 Candor toward the Tribunal 114 3.4 Fairness to Opposing Party and Counsel 119 3.5 Impartiality and Decorum of the Tribunal 121 3.6 Trial Publicity 124 3.7 Lawyer as Witness 127 3.8 Special Responsibilities of a Prosecutor 130 3.9 Advocate in Nonadjudicative
    [Show full text]
  • Municipal Control of Liquor in Ohio
    Case Western Reserve Law Review Volume 12 Issue 2 Article 31 1961 Municipal Control of Liquor in Ohio Reese Taylor Follow this and additional works at: https://scholarlycommons.law.case.edu/caselrev Part of the Law Commons Recommended Citation Reese Taylor, Municipal Control of Liquor in Ohio, 12 W. Rsrv. L. Rev. 377 (1961) Available at: https://scholarlycommons.law.case.edu/caselrev/vol12/iss2/31 This Note is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Law Review by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. 1961] NOTES Municipal Control of Liquor In Ohio Do Ohio municipalities have the power to control the consumption of and the traffic in intoxicating liquor within their territorial limits? Consider the recent experience of the City of Lakewood in attempting to exercise some measure of control over the location of a retail liquor out- let. The city passed an ordinance prohibiting the operation of such a business within 800 feet of a school, church, library or public play- ground.' Contrary to this, a permit holder began selling intoxicating liquor at a location situated approximately 650 feet from one of the above named premises, and the city promptly cited her for violating the ordinance. The permit holder then sought and was granted an injunc- tion to restrain the enforcement of the ordinance,' and the injunction was upheld on appeal There was no finding that the City of Lakewood could not legislate on the subject of intoxicating liquor.
    [Show full text]
  • Critique on Municipal Annexation in Ohio, A
    A CRITIQUE ON MUNICIPAL ANNEXATION IN OHIO ALBA L. WHITESIDE* In 1952, the Ohio State Law Journal published an article on municipal incorporation and annexation.1 That article was introduced by the following statement: This is primarily an expository paper. It is presented as one step in what the authors hope will be a thorough re-examination of the subject in Ohio leading to such statutory changes as may be required to articulate well-considered policy judgments. The Com- mittee on Local Government Law of the Ohio State Bar Association is actively concerned with the subject. The members will perform a substantial public service if they will carry through the primary study and express their recommendations in a proposed statute. That the time has come for this study will appear more clearly to the reader after he has considered the analysis of present law which follows. To the writers it is astounding that the governing legislation is so largely devoid of policy content, and that it has undergone so little modification over a long period marked by tremendous urban development ... The author can do naught but reiterate that expression of feel- ing for although eight years and four sessions of the General Assembly of Ohio have intervened, nothing has been accomplished in the field of legislation to alleviate the situation. In fact the basic format of our annexation laws date back to 18692 and exist today with sub- stantially the same provisions as were then enacted. While this article deals with the question of annexation only, it is necessary in such discussion to refer at least briefly to the statutes controlling incorpora- tion of municipal corporations.3 The problem of annexation is not one peculiar to Ohio but exists in all states, in all areas in which there has been a rapid growth of urban population.
    [Show full text]
  • Separation of Powers in Ohio: a Critical Analysis in Ohio
    SEPARATION OF POWERS IN OHIO: A CRITICAL ANALYSIS CURTIS RODEBUSH 1 I. THE EVOLUTION OF THE SEPARATION OF POWERS IN OHIO ................................................................................ 506 A. A Brief Look at Origins and Purpose .......................... 506 B. The Ohio Constitution—History and Structure ........... 507 C. Separation of Powers Theories .................................... 508 D. Ohio Separation of Powers Examples ......................... 512 1. Judicial vs. Executive/Administrative.................. 512 2. Judicial vs. Legislative......................................... 514 II. MAKING SENSE OF SEPARATION OF POWERS IN OHIO .......... 516 A. The Separation of Powers—Defining the Conflict and Method of Scrutiny.................................. 516 B. Disputes Among the Legislative, Executive, and JudicialBranches ................................................. 516 C. The Administrative Conundrum—A Fourth Branch ofGovernment? ............................................... 519 D. Analyzing the Roles and Actions of Government Actors........................................................................... 521 1. Executive/AdministrativeActions—State ex rel. Bray v. Russell and Woods v. Telb ............ 521 2. LegislativeActions—State ex rel. Ohio Academy of Trial Lawyers v. Sheward ................. 524 a. Statements of Intent ....................................... 524 b. LegislativeReenactment ................................ 526 c. RegulatingCourtProcedure ......................... 529 III. CONCLUSION.......................................................................
    [Show full text]