justiciability requirement (Ohio) · Go Syfert
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justiciability requirement in Ohio

9 Ohio opinions name it 2 courts 2007–2025 6 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
Fortner v. Thomasgreen
ohio · 1970 · cited in 4 Ohio opinions naming this issue, 2022–2024
2 sentences

2024The justiciability requirement is set forth in the Ohio Constitution only in Article IV, Section 4(B), and this court has explained that “justiciable matters” are limited to “‘actual controversies between parties legitimately affected by specific facts,’” Barclays Bank at ¶ 21, quoting Fortner, 22 Ohio St.2d at 14.

2024The justiciability requirement is set forth in the Ohio Constitution only in Article IV, Section 4(B), and this court has explained that “justiciable matters” are limited to “‘actual controversies between parties legitimately affected by specific facts,’ ” Barclays Bank at ¶ 21, quoting Fortner, 22 Ohio St.2d at 14 .

24
National Park Hospitality Association v. Department of the Interiorgreen
scotus · 2003 · cited in 2 Ohio opinions naming this issue, 2015–2022
2 sentences

2022Park Hospitality Assn. v. Dept. of Interior, 538 U.S. 803, 807 , 123 S.Ct. 2026 , 155 L.Ed.2d 1017 (2003), and that it is a threshold consideration for a court, Thomas v. Union Carbide Agricultural Prods.

2015Park Hospitality Assn. v. Dept. of Interior, 538 U.S. 803, 807-08 (2003), quoting Abbott Laboratories v. Gardner, 387 U.S. 136, 148-49 (1967) ("Ripeness is a justiciability doctrine designed 'to prevent the courts, through 6 To the extent that appellant suggests R.C. 2721.03, the legislative source of a cause of action for declaratory relief, may also confer standing upon a plaintiff independently from other sources of standing, we note that this is an unsettled issue but one not dispositive under the facts of this case.

12
Abbott Laboratories v. Gardnerred
scotus · 1967 · cited in 1 Ohio opinions naming this issue, 2015–2015
1 sentence

2015Park Hospitality Assn. v. Dept. of Interior, 538 U.S. 803, 807-08 (2003), quoting Abbott Laboratories v. Gardner, 387 U.S. 136, 148-49 (1967) ("Ripeness is a justiciability doctrine designed 'to prevent the courts, through 6 To the extent that appellant suggests R.C. 2721.03, the legislative source of a cause of action for declaratory relief, may also confer standing upon a plaintiff independently from other sources of standing, we note that this is an unsettled issue but one not dispositive under the facts of this case.

11
Ohio Trucking Assn. v. Charlesgreen
ohio · 2012 · cited in 1 Ohio opinions naming this issue, 2014–2014
2 sentences

2014See Ohio Trucking Assn. v. Charles, 134 Ohio St.3d 502 , 2012-Ohio-5679 , 983 N.E.2d 1262 , quoting State ex rel.

2014See Ohio Trucking Assn. v. Charles, 134 Ohio St.3d 502 , 2012-Ohio-5679 , 983 N.E.2d 1262 , quoting State ex rel.

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 (4)

CaseCitedYears
In re Bicknell green
ohio · 2002
2 sentences

2024Based on these two examples, it is at least arguable that the State has an interest in applications seeking to correct a birth certificate and that this interest would satisfy the justiciability requirement in Article IV, Section 4(B) of the Ohio Constitution. {¶ 20} Further supporting the conclusion that the lower courts have jurisdiction to decide and review Adelaide’s application to correct the sex marker on her birth certificate is this court’s decision in In re Bicknell, 2002-Ohio-3615.

2024Based on these two examples, it is at least arguable that the State has an interest in applications seeking to correct a birth certificate and that this interest would satisfy the justiciability requirement in Article IV, Section 4(B) of the Ohio Constitution. {¶ 20} Further supporting the conclusion that the lower courts have jurisdiction to decide and review Adelaide’s application to correct the sex marker on her birth certificate is this court’s decision in In re Bicknell, 2002-Ohio-3615 .

22024–2024
State v. Braggs green
ohioctapp · 2013
2 sentences

2025In support, the county prosecutor cited this court’s decision in State v. Braggs, 2013-Ohio-3364 (1st Dist.), where we held that “because of the justiciability requirement, a declaratory judgment action does not provide a means for determining whether previously-adjudicated rights were properly decided.” Id. at ¶ 7.

2025In support, the county prosecutor cited this court’s decision in State v. Braggs, 2013-Ohio-3364 (1st Dist.), where we held that “because of the justiciability requirement, a declaratory judgment action does not provide a means for determining whether previously-adjudicated rights were properly decided.” Id. at ¶ 7.

12025–2025
State ex rel. Barclays Bank PLC v. Court of Common Pleas green
ohio · 1996
1 sentence

2022This justiciability requirement involves deciding “‘actual controversies between parties legitimately affected by specific facts and render[ing] judgments which can be carried into effect.’” Id., quoting Fortner v. Thomas, 22 Ohio St.2d 13, 14 (1970).

12022–2022
State v. Berndt green
ohio · 1987
2 sentences

2007Id. at 4 , 29 OBR 173, 504 N.E.2d 712 . {¶ 16} The dissenting opinion in Bemdt suggested that a conviction of OMVI may impose sufficient collateral disabilities to meet the Wilson test.

2007Id. at 4 , 29 OBR 173, 504 N.E.2d 712 . {¶ 16} The dissenting opinion in Bemdt suggested that a conviction of OMVI may impose sufficient collateral disabilities to meet the Wilson test.

12007–2007

Where else courts name it

CA 76 (1997–2026) NE 41 (2008–2026) CT 30 (1991–2024) OR 23 (1986–2023) TN 23 (2006–2026) PA 22 (1984–2024) WA 16 (1996–2023) MT 11 (1995–2024) WY 9 (1983–2019) NY 9 (1974–2023) TX 9 (2003–2024) OH 9 (2007–2025) NH 7 (2004–2023) CO 7 (2000–2025) IL 6 (1986–2023) WI 5 (2001–2022) AL 5 (2007–2025) NJ 5 (1993–2021) MN 5 (2007–2024) ID 4 (2018–2020) MD 4 (2000–2020) NC 3 (2020–2026) MI 3 (1990–2019) KY 3 (2012–2023) RI 3 (2007–2012) KS 2 (2008–2024) IN 2 (2013–2013) ME 2 (2018–2018) AZ 2 (1998–2012) WV 2 (2017–2017) DC 2 (2006–2010)

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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