In mandamus action to compel compliance with R.C. 149.43, Ohio’s Public Records Act, writ is granted to compel the board of county commissioners to provide requested emails, to recover deleted emails and to use reasonable efforts to make the recovered emails promptly available for inspection. The expense for providing the records, including the cost of recovering deleted emails, is to be borne by the board of county commissioners. State ex rel. Toledo Blade Co. v. Seneca Cty. Bd. of Commrs., 120 Ohio St.3d 372

Writ of mandamus to compel municipality to institute appropriation proceedings is granted where evidence proved a taking because the municipality’s pump station had repeatedly overflowed and caused raw sewage to be deposited onto landowners’ property. Since that taking involved a physical invasion of land, as opposed to a regulatory taking, landowners did not have to prove denial of all economically viable use of the land. State ex rel. Gilbert v. Cincinnati, 2009-Ohio-1078 (Ohio App. 1st Dist.)

Those portions of a municipality’s residential building code (the municipality’s regulation of residential home construction since 1980 was found by the trial court to be an exercise of the police power) which conflict with the statewide residential building code (H.B. 175 was passed in 2005 and found by the trial court to be a general law) are not protected by the Home Rule Amendment (Section 3 of Article XVIII of the Ohio Constitution). Dublin v. State, 2009-Ohio-1102 (Ohio App. 10th Dist.)

A county sheriff who operates a public service answering point as part of a countywide 911 system has no authority to charge the board of county commissioners, which operates an emergency medical service organization, a fee for dispatching the organization’s ambulances. 2009 Op. Att’y General No. 2009-004

A person may serve simultaneously as a member of the legislative authority of a city and member of the governing board of a community improvement corporation that has been designated pursuant to R.C. 1724.10 as the agency of the city for the industrial, commercial, distribution and research development in the city. 2009 Op. Att’y General No. 2009-005

A person may serve simultaneously in the positions of director of a countywide emergency management agency and member of a charter city legislative authority, provided no local charter provision, resolution, ordinance or departmental regulation prohibits such simultaneous service and the person, as a member of the legislative authority, abstains from participating in any deliberations, discussions, negotiations or votes concerning the making of contributions of public moneys to the countywide emergency management agency. 2009 Op. Att’y General No. 2009-010