(A Watch Your Language Series Article) “If the law supposes that," said Mr. Bumble, "the law is an ass — an idiot.” Many laymen (and lawyers) believe, as Mr. Bumble in Charles Dickens’ Oliver Twist does, that the law, as a general rule, is absurd. Admittedly, there...
Ohio Real Estate Law
Ohio Court of Appeals (Hamilton County) Upholds Late Fee Provisions in a Residential Lease
By Connie S. Carr On July 26, 2017 the Ohio Court of Appeals, 1st Appellate District (the Court) issued its opinion in Drake Townhouses L.L.C. v. Woodberry, 2017-Ohio-6968, which relates to a landlord-tenant case appealed from the Hamilton County Municipal Court. The...
The Government Does Not Always Win
I had a law school professor that would often proffer the following two theories to rationalize court decisions (especially ones he seemingly did not understand): 1) the justices did not “get any”…. breakfast that morning; and 2) the government always wins. I...
Ohio Supreme Court: Charitable-Use Exemption from Real Estate Taxes Based on Nondiscrimination, Not Quantum of Charitable Care
On June 15, 2017, the Ohio Supreme Court issued its decision in Dialysis Ctrs. of Dayton, L.L.C. v. Testa,Slip Opinion No. 2017-Ohio-4269, which provided clarity on the basis for granting or denying a charitable-use exemption from real property taxes. The Dialysis...
General, Unrestricted Access Easement Does Not Guaranty Unlimited, Unrestricted Use
Watch Your Language. 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. They traditionally presume that commercial...
Another Ohio Court Holds that Real Estate Broker’s License Required to Broker Gas and Oil Leases
By Connie S. Carr A recent decision by Ohio’s Seventh District Court of Appeals (the Court) regarding whether a real estate broker’s license is required to be compensated for services related to gas and oil leases has been appealed to the Ohio Supreme Court. On...
Following the Yellow Brick Road to Real Estate Ownership
By: Stephen D. Richman Becoming the “owner” of real estate is not quite as difficult as acquiring a wicked witch’s broom, but it is somewhat of a labored journey. The seemingly simple answer to the question of when one becomes the owner of real estate is: when title...
Ohio Supreme Court Issues Two More Decisions Regarding Appeals of Real Estate Tax Valuations
By Connie S. Carr Here we go again….the Ohio Supreme Court has been busy with more appeals of real estate tax valuations. Two more decisions on this topic have been recently issued by the court. The first is Johnston Coca-Cola Bottling Co., Inc. v. Hamilton Cty. Bd....
Ohio Supreme Court Upholds Valuation of Condominium Development As Separate Units
The Ohio Supreme Court (the Court) recently issued another opinion real property valuations on December 28, 2016 in an appeal of a Board of Tax Appeals (BTA) December. In Columbus City Schools Bd. of Edn. v. Franklin Cty. Bd. of Revision (Slip Opinion No....
Ohio EPA, DMWM: Two Draft General Permits for Beneficial Use Now Available For Comments
By Connie S. Carr The Ohio EPA, Division of Materials and Waste Management issued the following notice: “The Division of Materials and Waste Management is making available for interested party comment two draft general permits for beneficial use — Spend Foundry Sand...