The United States Supreme Court held that conditioning the issuance of a land use permit on the landowner funding an offsite mitigation project resulted in an unconditional taking without just compensation, because the condition did not have an “essential nexus and rough proportionality to the effects of the proposed use of the property at issue.” Koontz v. St. Johns River Water Management Dist., No. 11-1447 (United States Supreme Court).
Public records request for specific terms of tenants’ commercial leases in a public market was properly denied because lease information constituted trade secrets, which are exempt from disclosure as public records under Sections 149.43(A)(1)(v) and 1333.61 of the Ohio Revised Code. State ex rel. Luken v. Corp. for Findlay Market of Cincinnati, 2013-Ohio-1532 (Supreme Court of Ohio).
The specific provisions of Section 4501.27 of the Ohio Revised Code and Section 4501:1-12- 02(D)(2) of the Ohio Administrative Code, which provide for the restricted disclosure of certain personal information about an individual that the bureau of motor vehicles obtained in connection with a motor vehicle record under certain circumstances, prevail over the general provisions providing for the disclosure of public records under Section 149.43 of the Ohio Revised Code. State ex rel. Motor Carrier Serv., Inc. v. Rankin, 2013-Ohio-1505 (Supreme Court of Ohio).
Photos taken by traffic enforcement cameras that the company that maintained the cameras and initially reviewed the traffic photos sent to city to ultimately determine if a violation had occurred were public records under Section 149.43(A)(1) of the Ohio Revised Code, regardless of whether the photos resulted in a traffic citation. State ex rel. Rhodes v. Chillicothe, 2013-Ohio-1858 (Ohio App. 4th Dist.).
Section 3717.53 of the Ohio Revised Code – which, among other things, prohibited local legislation (i) relating to the provision or nonprovision of food nutrition information or consumer incentive items at food service operations or (ii) banning or restricting food at food service operations based on the food nutrition information – unconstitutionally limits a municipality's home rule police powers, because it is not part of a comprehensive statewide legislative enactment and amendments to the statute violate the one-subject rule. Cleveland v. State, 2013-Ohio-1186 (Ohio App. 8th Dist.).
Under Sections 307.12, 6103.02 and 6103.20 of the Ohio Revised Code, a board of county commissioners may sell water to oil and gas drilling companies but may not enter into a multi-year contract to have a for-profit company broker the sale of water by the county to oil and gas drilling companies. 2013 Op. Att’y General No. 2013-019.
Under Section 7.12(A)(5) of the Ohio Revised Code, when a political subdivision is required to publish a legal notice in a newspaper of general circulation, the newspaper in which the notice is published must be circulated generally by proof of the filing of a United States Postal Service “Statement of Ownership, Management, and Circulation” (PS Form 3526) with the local postmaster or by proof of an independent audit of the publication performed within 12 months immediately preceding publication of the legal notice. 2013 Op. Att’y General No. 2013-015.
The Attorney General provides guidance on leave donation programs established by the county commissioners and elected county officials under Section 124.391 of the Ohio Revised Code when the elected county appointing authority is required to participate in the county commissioners’ program. 2013 Op. Att’y General No. 2013-013.
Political subdivisions reporting in accordance with Generally Accepted Accounting Principles may have to calculate the historical cost of a capital asset. The consumer price index (CPI) for years ranging from 1935 to 2012 (provided by the Auditor of State) may be used for such calculations. The formula to compute the estimated historical cost of an asset using the CPI is as follows: Estimated Current Cost x Index Rate for Estimated Year of Acquisition ÷ Index Rate for Current Year = Estimated Historical Cost. Auditor of State Bulletin 2013-001.