Articles Posted in Supreme Court of Ohio

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The Lorain County Board of Revision (BOR) had continuing-complaint jurisdiction to determine the value of a property for tax years 2012, 2013, and 2014 and therefore, the Board of Tax Appeals (BTA) erred in refusing to exercise jurisdiction over tax year 2014. Appellant sought a reduction from the value determined by the Lorain County auditor for the three years at issue by asserting a continuing complaint. Appellant predicated its claim on its originally filed complaint, which had challenged the property valuation for tax year 2009. That complaint was finally determined in 2014. Appellant’s continuing complaint sought to apply the same value determined in that case to 2012, 2013, and 2014. The BOR retained the auditor’s valuation. The BTA adopted Appellant’s appraiser’s valuation of $750,000 for 2012 and 2013 but concluded that it lacked jurisdiction to determine the value for tax year 2014. Specifically, the BTA found that the BOR lacked jurisdiction over tax year 2014 because a proper complaint was not filed for that tax year. The Supreme Court reversed, holding (1) the BOR had jurisdiction to determine the property’s value for tax years 2012, 2013, and 2014; and (2) an aggregate value of $750,000 shall be assigned to the property for all three tax years. View "Novita Industries, LLC v. Lorain County Board of Revision" on Justia Law

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The law of the case from the first appeal in this case was not relevant in the second appeal because, on remand from the first appeal, the trial court had relied on new evidence to decide that Nicholas Giancola had signed an arbitration agreement. Plaintiff brought this survival action and wrongful death action, claiming that Giancola’s death was caused by injuries that he sustained while he was at Walton Manor Health Care Center. Walton Manor moved to compel arbitration, arguing that Giancola had entered into a binding arbitration agreement with Walton Manor. The trial court ordered arbitration of the survival action, finding that Giancola’s mother had signed the arbitration agreement and that she had apparent authority to bind her son to its terms. The appellate court reversed. On remand, the trial court referred the appropriate counts to arbitration, concluding that Giancola had signed the arbitration agreement. The appellate court held that the trial court had violated the law-of-the-case doctrine when it reconsidered the issue of who had signed the arbitration agreement. The Supreme Court reversed, holding that the law-of-the-case doctrine did not prevent the trial court on remand from considering new evidence as to whether Giancola signed the arbitration agreement. View "Giancola v. Azem" on Justia Law

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When reviewing a decision of a common pleas court confirming, modifying, vacating, or correcting an arbitration award, an appellate court should accept finding of fact that are not clearly erroneous but should decide questions of law de novo. The Supreme Court affirmed the judgment of the Eleventh District Court of Appeals, which reversed the decision of the trial court vacating an arbitration award and reinstated the arbitration award, holding that the court of appeals conducted a proper de novo review of the trial court’s decision. Because the court of appeals’ judgment conflicted with judgments of the Eighth District and the Twelfth District, where the court of appeals concluded that the standard of review for an appellate court reviewing a trial court decision confirming or vacating an arbitration award is an abuse of discretion, the Supreme Court determined that a conflict existed and agreed to resolve the matter. View "Portage County Board of Developmental Disabilities v. Portage County. Educators' Association for Developmental Disabilities" on Justia Law

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Any limitation on an arbitrator’s authority to modify a disciplinary action pursuant to a collective bargaining agreement (CBA) provision requiring that discipline be imposed only for just cause must be specifically bargained for by the parties and incorporated into the CBA. The common pleas court in this case vacated an arbitration award that changed the disciplinary sanction recommended by the chief of police against Sergeant David Hill of the Findlay Police Department from termination to a length suspension. The court of appeals affirmed, concluding that the arbitration award did not draw its essence from the CBA between the city of Findlay and the Ohio Patrolmen’s Benevolent Association and was arbitrary, capricious, and unlawful. The Supreme Court reversed, holding (1) because the CBA placed no limitation on the arbitrator’s authority to review the disciplinary action imposed and fashion a remedy, the arbitrator acted within his authority; and (2) the arbitrator’s award drew its essence from the CBA and was not arbitrary, capricious, or unlawful. View "Ohio Patrolmen's Benevolent Ass’n v. City of Findlay" on Justia Law

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Dayton Public Schools notified Cox of its intent to terminate her employment for allegedly striking a student. An arbitration award, finding just cause for her termination, was handed down on December 10, 2013. The arbitrator e-mailed the decision to the School District attorneys on December 10, but Cox was not included as a recipient of the e-mail. On December 18, 2013, the Board of Education passed a formal resolution adopting the arbitrator’s decision and directed that Cox be served with the order by certified mail. On March 10, 2014, Cox moved to vacate, modify, or correct the arbitration award. The School District argued that notice of a petition seeking the vacation or modification of an arbitration award pursuant to R.C. Chapter 2711 must be received by the adverse party or its attorney within the statutory three-month period contained in R.C. 2711.13. The trial court dismissed. The Court of Appeals reversed; the Supreme Court of Ohio affirmed. The three-month period for service of Cox’s motion began on December 11, 2013. On the same numerical day three months later, Cox sent notice of her motion by certified mail. Service was complete at the time of mailing and was timely. View "Cox v. Dayton Pub. Schs. Bd. of Educ." on Justia Law