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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
Alan C Weinstein
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, et. al. 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, et. al. v. Hamilton Township, that a development impact fee enacted by an Ohio township with “limited home rule” powers was …
Covert, Delayed Notice Searches: A Constitutional And Policy Failure—And A Solution, Jonathan Witmer-Rich
Covert, Delayed Notice Searches: A Constitutional And Policy Failure—And A Solution, Jonathan Witmer-Rich
Jonathan Witmer-Rich
Over the past decade, law enforcement officials have conducted covert searches of American homes and businesses at a dramatically increasing rate. In some cases, investigators also seize evidence, keeping the search covert by staging the seizure to look like a burglary. These covert searches were authorized by the USA Patriot Act, through the use of delayed notice search warrants. The number of covert, delayed notice warrants has skyrocketed in the past five years, from around 175 in 2006 to 3,700 in 2011. About ten percent of all federal search warrants are now delayed notice warrants.This article describes the legal evolution …