A municipal charter provision which, by its own terms, requires strict construction of the form of circulator affidavit specified therein which is to be attached to election petition papers prevails over a conflicting state statute regarding the circulator’s statement on election petition papers. State ex rel. Murray v. Scioto Cty. Bd. of Elections, 127 Ohio St. 3d 280
Revised Code Section 9.68 is a general law that displaces municipal firearm ordinances and does not unconstitutionally infringe on municipal home rule authority. Cleveland v. State, 2010-Ohio-6318 (Ohio Supreme Court) NOTE: This decision reversed the judgment of the Ohio Appellate Court which was summarized in our Winter 2010 issue.
Church property which is accessible without charge to the public for recreational use is exempt from taxation as a charitable use under Revised Code Section 5709.12(B). "[I]f the use to which property is put otherwise qualifies as charitable, neither the fact of ownership by a religious organization nor the existence of religious motives in connection with the charitable use will defeat the claim of exemption." The Chapel v. Testa, Tax Commr., 2011-Ohio-545
A private, nonprofit organization, which received a grant as part of the American Recovery and Reinvestment Act for home weatherproofing and energy-efficiency services that it provided to qualifying individuals, is not subject to the Ohio Public Records Act (Revised Code Section 149.43) since it is not a public office or a person responsible for public records. The court determined that it was not performing a traditional governmental function in providing those services. State of Ohio ex rel. District Eight Regional Organizing Committee v. Cincinnati-Hamilton Community Action Agency, 2011-Ohio-312 (Ohio App. 1st Dist.)
Residency provisions negotiated by the parties and set forth in collective bargaining agreements are valid and enforceable and not in conflict with Revised Code Section 9.481. Ohio Patrolmen’s Benevolent Association v. City of Perrysburg, 2011-Ohio-644 (Ohio App. 6th Dist.) NOTE: The Ohio Supreme Court’s decision determining that Revised Code Section 9.481 is constitutional (Lima v. State, 122 Ohio St. 3d 155) was summarized in our June 2009 Ohio Public Law Alert and Labor & Employment Alert .