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State and Local Government Law Commons™
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Articles 1 - 5 of 5
Full-Text Articles in State and Local Government Law
Ohio's Home-Rule Amendment: Why Ohio's General Assembly Creating Regional Governments Would Combat The Regional Race To The Bottom Under Current Home-Rule Principles, Jonathon Angarola
Ohio's Home-Rule Amendment: Why Ohio's General Assembly Creating Regional Governments Would Combat The Regional Race To The Bottom Under Current Home-Rule Principles, Jonathon Angarola
Cleveland State Law Review
This Note argues that Ohio’s home-rule principles foster a regional “race to the bottom and proposes that the Ohio General Assembly pass legislation creating regional governments to combat the absence of coordination among regional localities".
The Ohio Supreme Court's Perverse Stance On Development Impact Fees And What To Do About It, Alan C. Weinstein
The Ohio Supreme Court's Perverse Stance On Development Impact Fees And What To Do About It, Alan C. Weinstein
Cleveland State Law Review
Ohio is among the twenty-two states that have no enabling legislation for development impact fees. But in a 2000 ruling, Homebuilders Association of Dayton and the Miami Valley v. City of Beavercreek, a divided Ohio Supreme Court ruled that municipalities could lawfully enact impact fees under their police and “home rule” powers, provided that the fees could pass constitutional muster under a “dual rational nexus test.” On May 31, 2012, however, the court ruled in Drees Company v. Hamilton Township, that a development impact fee enacted by an Ohio township with “limited home rule” powers was an unconstitutional tax. The …
Forest City Enterprises, Inc. V. City Of Eastlake: Zoning Referenda And Exclusionary Zoning, Frank J. Kundrat Jr., Stephen Bond
Forest City Enterprises, Inc. V. City Of Eastlake: Zoning Referenda And Exclusionary Zoning, Frank J. Kundrat Jr., Stephen Bond
Cleveland State Law Review
In the recent Ohio Supreme Court decision of Forest City Enterprises, Inc. v. City of Eastlake, the court stated a new principle of law in the area of referendum zoning: A municipal charter provision, which requires that any ordinance changing land use be ratified by the voters in a city-wide election, constitutes an unlawful delegation of legislative power, in violation of the due process clause of the Fourteenth Amendment to the United States Constitution. The court was, however, far from convincing either in terms of distinguishing the prior law of referendum zoning or in demonstrating the applicability of their conclusion …
Judicial Review Of Zoning Adminstration, Richard A. Pelletier
Judicial Review Of Zoning Adminstration, Richard A. Pelletier
Cleveland State Law Review
This discussion will focus on the role of the courts in zoning administration judicial review. More specifically, the limitations of that role, as it is now employed, will be examined with a suggested alternative. However, beforye a meaningful explanation of that topic can be undertaken it is necessary to provide a brief description of the zoning procedure before judicial review is summoned into the fray. For this reason, the initial portion of this comment is devoted to a general discussion of the source of the municipality's authority to promulgate zoning ordinances, and the makeup and function of the local zoning …
Mandamus For Zoning Appeals, James Jay Brown
Mandamus For Zoning Appeals, James Jay Brown
Cleveland State Law Review
With the passage of chapter 2506 of the Ohio Revised Code, the legal profession in Ohio has been confused as to whether the writ of mandamus is the most effective tool for challenging and reversing a rejection for a building permit by a municipal zoning officer or board. Doubts as to its use have become solidified because of the negative results obtained in several cases which relied upon this writ. In an attempt to comprehend the future use of mandamus for zoning appeals, an analysis will be made of its past use in relation to its effectiveness under Chapter 2506 …