State and Local Government Law Commons^™

The Indefensible Defense Of Impossibility: Excusing Localities From The Performance Of State-Mandated Duties, Stephan Landsman

Cleveland State Law Review

It would appear that in Ohio today fiscally hard-pressed localities may be able to avoid state-mandated obligations by relying on a claim of impossibility. While the law in this area is not settled, it would seem that the mandatory programs most vulnerable to attack are those providing benefits to the impoverished or the young. The remainder of this Article will analyze the doctrine of impossibility and review the scope of judicial authority to compel local participation in mandated programs.