Latest 2 Cases: State ex rel. Ames v. Summit County Court of Common Pleas (Civil Procedure), Columbus City Schools Board of Education v. Franklin ...

Dead Letter Office: What’s Left of the Impeachment Power After Trump’s Acquittal

DEAN FALVY

Dean Falvy, a lecturer at the University of Washington School of Law in Seattle, discusses what happens now, after Senate Republicans voted to acquit President Trump. Falvy predicts that (1) President Trump will be emboldened to commit further abuses of power, (2) future presidents will be less constrained by fear of impeachment, and (3) impeachment may become more routine as political practice and significantly less effective as a constitutional remedy.

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State ex rel. Ames v. Summit County Court of Common Pleas

Citation: 2020-Ohio-354

Opinion Date: February 6, 2020

Judge: Per Curiam

Areas of Law: Civil Procedure

The Supreme Court dismissed this appeal from the court of appeals' dismissal of Appellant's petition for a writ of prohibition against Summit County Court of Common Pleas and Judge Mary Margaret Rowlands, holding that this cause was moot. National Collegiate Student Loan Trust 2007-2 filed a civil action against Appellant in the court of common pleas. Judge Rowlands demised the case without prejudice and then reinstated the case after considering National Collegiate's motion for relief from judgment. Petitioner filed a petition for a writ of prohibition alleging that Judge Rowland lacked jurisdiction to issue the order reinstating the case. The court of appeals dismissed the petition for failure to state a claim. Appellant appealed. Judge Rowlands claimed that the appeal was moot because, during the pendency of the appeal, she dismissed National Collegiate's case a second time. The Supreme Court dismissed the appeal, holding that the cause was moot and that no exception to the mootness doctrine applied.

Columbus City Schools Board of Education v. Franklin County Board of Revision

Citation: 2020-Ohio-353

Opinion Date: February 6, 2020

Judge: Donnelly

Areas of Law: Government & Administrative Law, Real Estate & Property Law, Tax Law

The Supreme Court affirmed the determination of the board of tax appeals (BTA) of the 2015 tax year value of an apartment complex located in Franklin County, holding that the BTA's decision was reasonable and lawful. At issue was whether the BTA erred in deciding that the sale price paid for the transfer of ownership of a corporate entity, Palmer House Borrower, LLC (Palmer) should be presumed to constitute the value of the real estate owned by that entity. Palmer further asserted that the BTA improperly admitted and relied upon the submitted evidence of the transfer and sale. The Supreme Court affirmed, holding (1) the BTA reasonably considered the sale and conveyance documentation; (2) the BTA reasonably determined that the transaction was, in substance, a sale of the real estate; (3) the appraisal offered by Palmer was not the only evidence of value; and (4) Palmer did not show that the BTA's decision violated Ohio Const. art. XII, 2.