Ohio Constitution News (OCN) is a blog that tracks developments relating to the Ohio Constitution, including Ohio Supreme Court cases, ballot initiatives, state legislation, lectures, and seminars. The blog also reports on new material added to the Ohio Constitution: Law and History website and other items of interest concerning state constitutional law and the Ohio Constitution. Developed by Dean Emeritus and Professor Emeritus Steven H. Steinglass and maintained by the Cleveland-Marshall College of Law Library, OCN is not affiliated with the Ohio Supreme Court or with the State of Ohio.
Posted in Uncategorized on Sep 21st, 2015
State ex rel. Walker v. Husted, Slip Opinion No. 2015-Ohio-3749. In determining whether a petition to adopt a county charter can be placed on the ballot, the Secretary of State may not deny the petition because it believes provisions of the charters would violate the Ohio Constitution by unconstitutionally interfering with the state’s exclusive authority […]
Posted in Uncategorized on Aug 31st, 2015
Beck Energy filed a mandamus action in the Ohio Supreme Court, seeking to vacate a stop work order issued by Munroe Falls to halt work on the Sunoco well. Beck Energy seeks a declaration that: “The Home Rule Amendment to the Ohio Constitution, Article XVIII,Section 3, does not allow Munroe Falls to enact a zoning […]
Posted in Appellate & Common Pleas Court Cases on Mar 19th, 2015
The Cuyahoga County Court of Common Pleas struck down Broadview Heights’ drilling prohibitions as preempted by ORC Chapter 1509. See Bass Energy, Inc. v. City of Broadview Heights, Cuyahoga Common Pleas Court Case no. CV-14-828074, Opinion and Judgment Entry (Mar. 10, 2015). Following the recent Ohio Supreme Court decision, State ex rel. Morrison v. Beck […]
Posted in Uncategorized on Feb 17th, 2015
The Ohio Supreme Court held that City of Munroe Falls’ ordinances requiring drillers to get a conditional zoning certificate, pay a deposit for a performance bond, hold a public hearing and a wait a year before drilling were preempted by State law regulating drilling. Justice French wrote the lead opinion joined by Justices O’Connor and […]
Posted in Uncategorized on Jan 8th, 2015
Texas Eastern Transmission, a private Texas pipeline corporation, moved for immediate possession of land in Belmont County, Ohio, based upon federal approval of a pipeline route. See Texas Eastern Transmission, LP v. 3.2 Acres Permanent Easement and 4. Acres Temporary Easement of Land in Colerain Township, Belmont County, Ohio, S.D. Ohio, Case No. 2:14-cv-02650, MOTION […]
Posted in Uncategorized on Sep 23rd, 2013
The Ohio Supreme Court will decide whether 2004 Ohio HB 278, which preempts municipalities and other local governments from regulating oil and gas drilling, violates the Ohio Constitution’s Home Rule provision, Ohio Constitution Article XVIII, Section 7. H.B. 278 declared that the Division of Mineral Resources Management in the Department of Natural Resources has […]
