disjunctive test (Ohio) · Go Syfert
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disjunctive test in Ohio

11 Ohio opinions name it 2 courts 1994–2025 2 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Lucas v. South Carolina Coastal Councilgreen
scotus · 1992 · cited in 3 Ohio opinions naming this issue, 1995–1996
2 sentences

1996In Agins v. Tiburon (1980), 447 U.S. 255, 260 , 100 S.Ct. 2138, 2141 , 65 L.Ed.2d 106, 112 , the Supreme Court stated that “[t]he application of a general zoning law to particular property effects a taking if the ordinance does not substantially advance legitimate state interests, or denies an owner economically viable use of his land.” (Citations omitted and emphasis added.) In Lucas v. South Carolina Coastal Council (1992), 505 U.S. 1003, 1015 , 112 S.Ct. 2886, 2893-2894 , 120 L.Ed.2d 798, 812-813 , the Supreme Court, citing Agins , reaffirmed the disjunctive nature of the applicable test.

1996In Agins v. Tiburon (1980), 447 U.S. 255, 260 , 100 S.Ct. 2138, 2141 , 65 L.Ed.2d 106, 112 , the Supreme Court stated that “[t]he application of a general zoning law to particular property effects a taking if the ordinance does not substantially advance legitimate state interests, or denies an owner economically viable use of his land.” (Citations omitted and emphasis added.) In Lucas v. South Carolina Coastal Council (1992), 505 U.S. 1003, 1015 , 112 S.Ct. 2886, 2893-2894 , 120 L.Ed.2d 798, 812-813 , the Supreme Court, citing Agins , reaffirmed the disjunctive nature of the applicable test.

23
State v. Dean (Slip Opinion)green
ohio · 2015 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025Accord State v. Dean, 2015-Ohio-4347, ¶ 204 ; State v. Barron, 2024-Ohio-5836, ¶ 43 (2d Dist.). {¶ 64} We apply a de novo standard of review when evaluating R.C. 2941.25 merger decisions.

11
State v. Barrongreen
ohioctapp · 2024 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025Accord State v. Dean, 2015-Ohio-4347, ¶ 204 ; State v. Barron, 2024-Ohio-5836, ¶ 43 (2d Dist.). {¶ 64} We apply a de novo standard of review when evaluating R.C. 2941.25 merger decisions.

11
Nectow v. City of Cambridgegreen
scotus · 1928 · cited in 1 Ohio opinions naming this issue, 1995–1995
2 sentences

1995A zoning ordinance effects a taking of property without just compensation in contravention of the Fifth and Fourteenth Amendments if it “‘does not substantially advance legitimate state interests or denies an owner economically viable use of his land.’” (Emphasis omitted in part.) Lucas v. S. Carolina Coastal Council (1992), 505 U.S. ___ , ___, 112 S.Ct. 2886, 2894 , 120 L.Ed.2d 798, 813 (quoting Agins v. Tiburon [1980], 447 U.S. 255, 260 , 100 S.Ct. 2138, 2141 , 65 L.Ed.2d 106, 112 ). {¶ 36} With regard to the Due Process Clause of the Fourteenth Amendment, the United States Supreme Court has

1995A zoning ordinance effects a taking of property without just compensation in contravention of the Fifth and Fourteenth Amendments if it “‘does not substantially advance legitimate state interests or denies an owner economically viable use of his land.’” (Emphasis omitted in part.) Lucas v. S. Carolina Coastal Council (1992), 505 U.S. ___ , ___, 112 S.Ct. 2886, 2894 , 120 L.Ed.2d 798, 813 (quoting Agins v. Tiburon [1980], 447 U.S. 255, 260 , 100 S.Ct. 2138, 2141 , 65 L.Ed.2d 106, 112 ). {¶ 36} With regard to the Due Process Clause of the Fourteenth Amendment, the United States Supreme Court has

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
Agins v. City of Tiburon red
scotus · 1980
2 sentences

1994The United States Supreme Court in Agins v. Tiburon (1980), 447 U.S. 255 , 100 S.Ct. 2138 , 65 L.Ed.2d 106 , unanimously concluded that a disjunctive test should be used when scrutinizing a zoning ordinance.

1994The United States Supreme Court in Agins v. Tiburon (1980), 447 U.S. 255 , 100 S.Ct. 2138 , 65 L.Ed.2d 106 , unanimously concluded that a disjunctive test should be used when scrutinizing a zoning ordinance.

51994–1996
Zimmie v. Calfee, Halter & Griswold green
ohio · 1989
2 sentences

2011On this issue, the Ohio Supreme Court has set forth a disjunctive test: {¶ 33} “Under R.C. 2305.11(A), an action for legal malpractice accrues and the statute of limitations begins to run when there is a cognizable event whereby the client discovers or should have discovered that his injury was related to his attorney’s act or non-act and the client is put on notice of a need to pursue his possible remedies against the attorney or when the attorney-client relationship for that particular transaction or undertaking terminates, whichever occurs later.” (Emphasis added.) Zimmie v. Calfee, Halter

2011On this issue, the Ohio Supreme Court has set forth a disjunctive test: {¶ 33} “Under R.C. 2305.11(A), an action for legal malpractice accrues and the statute of limitations begins to run when there is a cognizable event whereby the client discovers or should have discovered that his injury was related to his attorney’s act or non-act and the client is put on notice of a need to pursue his possible remedies against the attorney or when the attorney-client relationship for that particular transaction or undertaking terminates, whichever occurs later.” (Emphasis added.) Zimmie v. Calfee, Halter

22011–2023
State ex rel. Shemo v. Mayfield Hts. green
ohio · 2002
2 sentences

2006Shemo v. City of Mayfield Heights, 95 Ohio St.3d 59 , 63 , 2002-Ohio-1627 .

2003Id. {¶ 11} Appellants presented the deposition testimony of Larry Sprague and affidavit of Craig Rambo.

22003–2006
Omni-Food & Fashion, Inc. v. Smith green
ohio · 1988
2 sentences

2011On this issue, the Ohio Supreme Court has set forth a disjunctive test: {¶ 33} “Under R.C. 2305.11(A), an action for legal malpractice accrues and the statute of limitations begins to run when there is a cognizable event whereby the client discovers or should have discovered that his injury was related to his attorney’s act or non-act and the client is put on notice of a need to pursue his possible remedies against the attorney or when the attorney-client relationship for that particular transaction or undertaking terminates, whichever occurs later.” (Emphasis added.) Zimmie v. Calfee, Halter

2011On this issue, the Ohio Supreme Court has set forth a disjunctive test: {¶ 33} “Under R.C. 2305.11(A), an action for legal malpractice accrues and the statute of limitations begins to run when there is a cognizable event whereby the client discovers or should have discovered that his injury was related to his attorney’s act or non-act and the client is put on notice of a need to pursue his possible remedies against the attorney or when the attorney-client relationship for that particular transaction or undertaking terminates, whichever occurs later.” (Emphasis added.) Zimmie v. Calfee, Halter

12011–2011
State v. Golston green
ohio · 1994
1 sentence

2007Id. at syllabus. {¶ 10} S.J.K. does not allege a loss of his civil rights.

12007–2007
State ex rel. Shemo v. City of Mayfield Heights green
ohio · 2002
1 sentence

2006Shemo v. City of Mayfield Heights, 95 Ohio St.3d 59 , 63 , 2002-Ohio-1627 .

12006–2006
Village of Euclid v. Ambler Realty Co. green
scotus · 1926
2 sentences

1995A zoning ordinance effects a taking of property without just compensation in contravention of the Fifth and Fourteenth Amendments if it “‘does not substantially advance legitimate state interests or denies an owner economically viable use of his land.’” (Emphasis omitted in part.) Lucas v. S. Carolina Coastal Council (1992), 505 U.S. ___ , ___, 112 S.Ct. 2886, 2894 , 120 L.Ed.2d 798, 813 (quoting Agins v. Tiburon [1980], 447 U.S. 255, 260 , 100 S.Ct. 2138, 2141 , 65 L.Ed.2d 106, 112 ). {¶ 36} With regard to the Due Process Clause of the Fourteenth Amendment, the United States Supreme Court has

1995A zoning ordinance effects a taking of property without just compensation in contravention of the Fifth and Fourteenth Amendments if it “‘does not substantially advance legitimate state interests or denies an owner economically viable use of his land.’” (Emphasis omitted in part.) Lucas v. S. Carolina Coastal Council (1992), 505 U.S. ___ , ___, 112 S.Ct. 2886, 2894 , 120 L.Ed.2d 798, 813 (quoting Agins v. Tiburon [1980], 447 U.S. 255, 260 , 100 S.Ct. 2138, 2141 , 65 L.Ed.2d 106, 112 ). {¶ 36} With regard to the Due Process Clause of the Fourteenth Amendment, the United States Supreme Court has

11995–1995

Where else courts name it

NC 33 (1986–2025) MO 28 (1980–2024) IL 18 (1973–2026) CA 14 (1896–2024) OH 11 (1994–2025) TX 9 (2001–2011) PA 8 (1983–2025) MA 6 (1994–2024) WA 4 (2015–2015) IN 4 (2011–2025) WI 4 (1981–2000) MD 4 (1993–2015) VA 3 (1983–2017) AK 3 (2009–2013) DC 3 (1991–2005) NJ 3 (1992–2001) NH 3 (1981–2008) MN 2 (1986–1986) FL 2 (2000–2006) NY 2 (1979–2002) CT 2 (2016–2024) AR 2 (2016–2019) OR 2 (2005–2012) NE 2 (1994–2020) AZ 2 (2018–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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