(Watch your Language with Statutes and Ordinances; Grammar Counts) As established in other “Watch Your Language” articles for this Blog, as a general rule, courts will uphold language in commercial agreements, unless it is contrary to statutory law or public policy....
Content By KJK
CLE Update: Upcoming CLE Seminars in Ohio
As we head into the last few months of 2015, many of us in the State of Ohio have to complete by year end our continuing education requirements for our license. Below are some of the real estate related CLEs scheduled between now and year end. OSBA Construction...
CHECK MUNICIPAL LAW, BEFORE YOU PROCLAIM OHIO LAW PROVIDES NO DUTY TO REMOVE ICE AND SNOW
It is not surprising that in Ohio, we have a lot of “ice and snow cases”, because… we get a lot of ice and snow. I know, the nerve of me to bring this up in August, but the recent Ohio Court of Claims case, Scolaro v Ohio University (Case No. 2015-00304-August 11,...
Ohio Court of Appeals Issues “Prescriptive Easement” Decision Addressing “Tacking” and Continuous Use Requirements
The Ohio Court of Appeals, Ninth Judicial District (C.A. No.14CA0022-M, dated August 3, 2015) reversed and remanded a judgment issued by the Medina County Court of Common Pleas (the County Court) regarding whether or not a prescriptive easement has been established....
A Double Bogey for Private Golf Courses in Ohio
The Ohio Golf Course Association’s Policy Statement of Public/Private Competition provides, in pertinent part: “We oppose the development of new, and the expansion of existing government-owned golf facilities that have the potential of displacing business from the...
LEED Remains the Standard in Green Building
The following article was written by Alex Jones, a summer associate with Kohrman Jackson and Krantz. Green building has been a growing industry for the past few decades, and the Leadership in Energy and Environmental Design, also known as LEED, remains a dominant...
Grain Storage Bins as Property Tax-Exempt
A Legal Update By: Luther L. Liggett, Jr., Kohrman Jackson & Krantz PLL Introduction Across Ohio, county auditors improperly classify Portable Grain Bins installed by the agricultural industry as incorporated into real estate, and therefore taxable for property...
Final Rule Issued Redefining “Waters of the United States”
The final Clean Water Rule regarding the new definition of “Waters of the U.S.” (WOTUS) was published in the Federal Register on Monday, June 29, 2015. The effective date for the rule is August 28, 2015. The rule redefines what water features will fall under the joint...
OHIO SUPREME COURT RULES THAT A TENANT’S ABANDONMENT OF NONCONFORMING USE CANNOT CONSTITUTIONALLY BE IMPUTED TO MOBILE-HOME PARK’S OWNER
The Supreme Court of Ohio recently ruled, in State ex rel. Sunset Estate Properties, L.L.C., v. Lodi, Slip Opinion No. 2015-Ohio-790, that a portion of the Village of Lodi’s zoning code (dealing with abandonment of nonconforming mobile home use) is unconstitutional on...
Breaking: US Supreme Court overturned the EPA’s air quality rule
The US Supreme Court overturned today the air quality rule that was issued by the Environmental Protection Agency (EPA) under the Obama Administration, holding that the EPA did not properly consider the costs of the regulation. "The Supreme Court dealt a blow to the...