Cleveland Law Library Weblog

Cleveland Prevails on Appeal of Residency Rule

Yesterday, the 8th District Court of Appeals announced its decision in City of Cleveland v. State of Ohio (Case No. 89565 on the Court's docket), upholding the City of Cleveland's exercise of home rule to require police officers and other employees to live within City limits. The Trial Court had held that the residency rule violated state law under O.R.C. sec. 9.481, which purports to prohibit political subdivisions from requiring their employees to live where they work, but the Court of Appeals reversed and remanded. As we related in a recent post, the Ohio Supreme Court is poised to review similar residency requirements in Akron and Lima. Click here to read a blurb from newsnet5.com about the Appeals Court's decision. Another of our posts discusses O.R.C. 9.48.1 and Akron's situation.Please click here to read the Cuyahoga County Common Pleas Court's decision. We would have posted the 8th District Court of Appeals decision, but effective this week, the Court is withholding distribution of cases for 10 days until the decisions are officially journalized.

Cleveland Homeless Legal Assistance Self Help Center Opens

Last week, the Cleveland Homeless Legal Assistance Program opened a Self Help Center inside the May Dugan Center at 4115 Bridge Road in Cleveland. This new Center is intended to help homeless people and others who cannot afford a lawyer with civil issues such as landlord/tenant problems and divorces. Although the Center will provide access to legal documents and allow users to copy materials and access court websites for information, Center staff will not offer legal advice. The Center is sponsored by the Northeast Coalition for the Homeless and the Cleveland Bar Association (which has since merged with the Cuyahoga County Bar Association to become the Cleveland Metropolitan Bar Association). Hours for the Center are 1-4:00 p.m. on Mondays and 10 a.m.-noon on Wednesdays.

Akron's Speeding Laws Are Valid Under Home Rule

Yesterday, the Ohio Supreme Court provided guidance to a Cleveland federal district court that certified a question concerning the legality and enforceaiblity of Akron's speeding ordinance. In Mendenhall v. Akron, 2008-Ohio-270, the Ohio Supreme Court held that Akron has the authority under the "home rule" provisions of Ohio's Constitution (Section 3, Article XVIII) to create an automated system for traffic enforcement that does not conflict with state law. The Court further held that Akron's speeding ordinance is a valid exercise of its police powers. The Court's recitation of the certified question indicates that the federal court would apply the same reasoning to issues regarding red-light cameras. However, the Court did not address other potential challenges to the legality of either speeding red light camera ordinances. The dockets and court documents in the underlying federal cases can be found at PACER, using case nos. 5:06 CV 0139 and 5:06 CV 0154. Click here to read the Supreme Court's Press Release.

Cleveland Suing 21 Companies Over Foreclosures

The City of Cleveland is suing 21 investment companies over the rise in foreclosures and abandoned homes around the City. The case docket and list of parties can be found by searching Case No. CV-08-646970 on the Cuyahoga County Common Pleas Court's docket. In an interesting twist, the City has brought suit for damages under its nuisance law, claiming that the companies interfered with the public's "rights and interests." Click here to read the Mayor's full press release, identifying the Mayor's motivation and listing all of the named defendants.  Click here to read an article on the suit from Crain's Cleveland Business.

Cleveland Athletic Club to File Chapter 11

Crain's reports that the membership of the Cleveland Athletic Club, in which many local attorneys have memberships, has voted to file for Chapter 11 reorganization. The Club, which is located in the Playhouse Square area, is 99 years old and hopes to remain in business with a financial plan to be approved by a bankruptcy court. The Club has apparently reached a tentative agreement with its new landlord, thus solving one of its most immediate concerns.

New Security Measures at Cleveland City Hall

The City of Cleveland is implementing some new security procedures at City Hall. According to the Press Release Mayor Jackson issued yesterday, visitors should allow more time to show IDs (which have been the norm since 9/11) and pass through magnetometers or be hand-wanded for contraband items. Bigger security measures are apparently planned at a ticket price of $3 million dollars from grants and capital funding. According to newsnet5.com, upcoming enhancements would include metal detectors like those used by airport security. Interestingly, newsnet5.com also reports that the changes are being made upon the recommendations of the U.S. Secret Service and Cleveland's Homeland Security office.

Cleveland Posts Public Records Policy

In late September, the City of Cleveland posted its Public Records Policy. That policy generally discusses what the City considers a public record under Ohio's Public Records Act (as amended in September) and what documents are exempt. The policy also provides some basic guidelines on how to make a request for public records and references the City's Records Retention Policy. The Ohio Legislative Service Commission has posted a pamphlet on Ohio's Public Records laws. Click here to read a summary from the Ohio Attorney General about Ohio's "Sunshine laws," and click here to review the 2006 Ohio Sunshine Laws Update.

Cabbies Sue Cleveland Over New Airport Plan

Newsnet5.com reports that four cab companies have sued the City of Cleveland over a new plan which will limit the number of cab comanies that can pick up passengers at Cleveland Hopkins International Airport. Starting last week, only 3 companies are allowed to pick up passengers, although any company can drop off passengers. Because the pick-up plan leaves ABC Taxi, Airport Taxi, USA Taxi and United Cab Co. out, they have all sued, claiming that the plan violates their contracts with the City and discriminates against immigrants who own these companies.

Cleveland Liable for 11 Years of Prevailing Wages

The prevailing wage case no one thought would ever end is finally over. On August 15, 2007, the Ohio Supreme Court granted a writ of mandamus in Case No. 2006-2056 to Municipal Construction Equipment Operators' Labor Council and individual Cleveland workers to compel the City of Cleveland, its Mayor, and its City Council to pay construction-related operators and master mechanics the difference between the prevailing wage rates and the lower wages they were paid over 11 years from 5/1/94 through 2/14/05. The lotto kicker is that the Ohio Supreme Court also awarded prejudgment interest on all money due and owing. However, the Court declined to issue a writ of mandamus requiring the City to credit the workers with sick leave over a much longer period of time from 10/29/80-2/14/05. Finally, the Court held that relators waived their right to seek attorney fees. Ohio's prevailing wage laws are contained in ORC Chapter 4115.

COSE Moves to Higbee Building

Did you hear that COSE, the Council of Smaller Enterprises, recently moved to the old Higbee building? COSE now joins the Greater Cleveland Partnership and the Convention and Visitors Bureau of Greater Cleveland in occupying about 60,000 square feet of the first 2 floors of the Higbee building that used to be the hub of downtown shopping on Public Square. One of the great benefits of this move is that members can use a "Business Space" there for meetings, depositions, and wireless access away from their offices. The Cleveland Law Library also offers the same benefits for our members, who can reserve our conference room for meetings and depositions, use our wireless access to check email, communicate with clients, etc.