Tuesday, December 10, 2013

Local Government Law -- Township (2013-2014)

New features and recent developments include:

Under R.C. 2744.02(B)(3), sidewalks are not considered public roads so townships are  immune to liability if the injury occurs on a sidewalk.  See Wilson v. Cleveland, 2012-Ohio-4289, 979 N.E.2d 356 (Ohio Ct. App. 8th Dist. Cuyahoga County 2012), discussed in Section 7:19.

The action of a board of zoning appeals in reviewing an application for conditional use is a quasi-judicial function and therefore the Sunshine Laws do not apply to executive session deliberations on such applications.  Se In re Application for Additional Use of Property v. Allen Twp. Zoning Bd. of Appeals, 2013-Ohio-722, 2013 WL 785060 (Ohio Ct. App / 6th Dist. Ottawa County 2013), discussed in Section 30:25.

New section concerning removal of an underground storage tank system.  See section 38:14.50.

New section discussing transfer of ownership of a cemetery under R.C. 517.271.  See section 35:16.

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