2004-Ohio-2003, 807 N.E.2d 365Supreme Court of Ohio.
Case Announcements and Administrative Actions, April 28, 2004.
MOTION AND PROCEDURAL RULINGS 1990-1780. State ex rel. Internatl. Union of OperatingEngineers v. Cleveland.
Cuyahoga App. No. 57729. On motions to strike and motion for leave to supplement evidence of Municipal Construction Equipment Operators’ Labor Council and response to show-cause contempt order of appellees.
IT IS HEREBY ORDERED that the motions to strike be GRANTED and that Exhibits B through F and H of appellees’ January 23, 2004 brief and Exhibits I and J of appellees’ February 3, 2004 reply brief be STRICKEN.
IT IS FURTHER ORDERED that appellees be found not to be in contempt.
IT IS FURTHER ORDERED that the motion for leave to supplement evidence be DENIED as moot.
Pfeifer, J., dissents and would find appellees to be in contempt.
2003-1081 and 2003-1092. Gilchrist v. Gonsor.
Cuyahoga App. No. 80944, 2003-Ohio-2297. On motion of amicus curiae Member Companies of the American International Group, Inc., for leave to participate in oral argument. Motion denied.
Resnick and Lundberg Stratton, JJ., dissent.
2004-0107. State ex rel. Youngstown/Mahoning Cty. ConventionVisitor’s Bur., Inc. v. Tablack.
In Mandamus. On S.Ct.Prac.R. X(5) determination and respondent’s motion for stay and supplemental motion for stay.
Respondent’s motions are denied and an alternative writ is granted.
2004-0272. Spragin v. Nowak.
Certified Question of State Law, No. 038051. On review of preliminary memoranda pursuant to S.Ct.Prac.R. XVIII(6). The court will answer the question stated at page 3 of the Bankruptcy Appellate Panel of the Sixth Circuit Court of Appeals in its order filed February 5, 2004:
“Does Ohio Revised Code § 5301.234 violate Ohio Constitution Article II, § 15(D), which states:
Page 1420
“`No bill shall contain more than one subject, which shall be clearly expressed in its title. No law shall be revived or amended unless the new act contains the entire act revived, or the section or sections amended, and the sections or sections amended shall be repealed.'”
Resnick, F.E. Sweeney and O’Donnell, JJ., dissent.
2004-0357. McNamara v. Rittman.
Certified Question of State Law, No. 023965. On review of preliminary memoranda pursuant to S.Ct.Prac.R. XVIII(6). The court will answer the question stated at page 4 of the Sixth Circuit Court of Appeals’ order filed February 20, 2004:
“Does an Ohio homeowner have a property interest in so much of the groundwater located beneath the land owner’s property as is necessary to the use and enjoyment of the owner’s home?”
Resnick and Lundberg Stratton, JJ., dissent.
F.E. Sweeney, J., not participating.
On motion to consolidate with 2004-0363, Hensley v. Columbus, Certified Question of State Law, No. 023778. Motion granted.
Resnick and Lundberg Stratton, JJ., dissent.
F.E. Sweeney, J., not participating.
2004-0363. Hensley v. Columbus.
Certified Question of State Law, No. 023778. On review of preliminary memoranda pursuant to S.Ct.Prac.R. XVIII(6). The court will answer the question stated at page 3 of the Sixth Circuit Court of Appeals’ order filed February 20, 2004:
“Does an Ohio homeowner have a property interest in so much of the groundwater located beneath the land owner’s property as is necessary to the use and enjoyment of the owner’s home?”
Resnick and Lundberg Stratton, JJ., dissent.
F.E. Sweeney, J., not participating.
On motion to consolidate with 2004-0357, McNamara v. Rittman, Certified Question of State Law, No. 023965. Motion granted.
Resnick and Lundberg Stratton, JJ., dissent.
F.E. Sweeney, J., not participating.
2004-0417. State v. Porterfield.
Trumbull App. No. 2002-T-0045, 2004-Ohio-520. On motion for stay of court of appeals’ judgment. Motion granted.
Resnick, F.E. Sweeney and O’Connor, JJ., dissent.
2004-0451. State v. Richter.
Lake App. No. 2002-L-080, 2003-Ohio-6734. On motion for leave to file delayed appeal. Motion granted.
Resnick and F.E. Sweeney, JJ., dissent.
2004-0463. State v. Thomas.
Montgomery App. No. 19435, 2003-Ohio-5746. On motion for leave to file delayed appeal. Motion denied.
Pfeifer, J., dissents.
2004-0471. State v. Washington.
Montgomery App. No. 19022, 2002-Ohio-2940. On motion for leave to file delayed appeal. Motion denied.
2004-0475. State v. Kazee.
Delaware App. No. 95CAA08053. On motion for leave to file delayed appeal. Motion denied.
2004-0502. Lofino Properties, L.L.C. v. Wal-Mart Stores, Inc.
Greene App. No. 2003CA57, 2004-Ohio-458. On motion for stay of court of appeals’ judgment pending appeal. Motion granted.
Pfeifer, Lundberg Stratton and O’Donnell, JJ., dissent.
Page 1421