charter requirement (Ohio) · Go Syfert
← Ohio issues

charter requirement in Ohio

6 Ohio opinions name it 4 courts 1907–2021 1 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 (2)

CaseFollowedCited
State Ex Rel. Finkbeiner v. Lucas County Board of Electionsgreen
ohio · 2009 · cited in 1 Ohio opinions naming this issue, 2021–2021
2 sentences

2021Accord Finkbeiner, 122 Ohio St.3d 462 , 2009-Ohio-3657, at ¶ 38 (noting that the “charter requirement should be construed in pari materia with other requirements, including the applicable statutory requirements, like the election- falsification statement required by R.C. 3501.38(J) and incorporated by Section 11 of the Toledo Charter”).

2021Accord Finkbeiner, 122 Ohio St.3d 462 , 2009-Ohio-3657, at ¶ 38 (noting that the “charter requirement should be construed in pari materia with other requirements, including the applicable statutory requirements, like the election- falsification statement required by R.C. 3501.38(J) and incorporated by Section 11 of the Toledo Charter”).

11
Frecker v. City of Daytongreen
· 1950 · cited in 1 Ohio opinions naming this issue, 2009–2009
2 sentences

2009Cf. State v. Sterling, 113 Ohio St.3d 255 , 2007-Ohio-1790 , 864 N.E.2d 630, ¶ 40-41 ; see also Frecker v. Dayton (1950), 153 Ohio St. 14, 26 , 41 O.O. 109 , 90 N.E.2d 851 (“rule, as to 6 January Term, 2009 the severability of statutes and the elimination of unconstitutional provisions, applies to municipal ordinances”).

2009Cf. State v. Sterling, 113 Ohio St.3d 255 , 2007-Ohio-1790 , 864 N.E.2d 630, ¶ 40-41 ; see also Frecker v. Dayton (1950), 153 Ohio St. 14, 26 , 41 O.O. 109 , 90 N.E.2d 851 (“rule, as to 6 January Term, 2009 the severability of statutes and the elimination of unconstitutional provisions, applies to municipal ordinances”).

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 (5)

CaseCitedYears
Downing v. City of Miltonvale neutral
kan · 1887
2 sentences

1907In the case of Downing v. Miltonvale, 36 Kan. 740 [ 14 Pac.

1907In the ease of Downing v. Miltonvale, 36 Kan., 740 , with reference to a statute which provided that “All ordinances of the city shall be read and considered by sections at a public meeting of the council, and the vote on their final passage shall be taken by ‘yeas and nays,’ which shall be entered on the journal by the clerk,” it was held that where the journal shows the full vote adopting the ordinance as a whole on its final passage, it will be presumed that it was read and adopted by sections.

21907–1907
Hulsmeyer v. Hospice of Southwest Ohio, Inc. (Slip Opinion) green
ohio · 2014
1 sentence

2021“In reading statutes in pari materia and construing them together, this court must give a reasonable construction that provides the proper effect to each statute.” (Citation omitted.) Hulsmeyer v. Hospice of Southwest Ohio, Inc., 142 Ohio St.3d 236 , 2014- Ohio-5511, ¶ 22. {¶24} Here, the charter requirement should be read in pari materia with R.C. 3503.02.

12021–2021
State, Ex Rel. Pecyk v. Greene green
ohioctapp · 1953
2 sentences

2011Any office created by the will of the people can be abolished at any time by the will of the people. * * * The people have the power to give and the people have the power to take away.” Id. at 304 . {¶ 77} These Lockean principles succinctly put by this court in a charter challenge still ring true today. “[E]very man, by consenting with others to make one body politic under one government, puts himself under an obligation, to every one of that society, to submit to the determination of the majority, and to be concluded by it; or else this original compact, whereby he with others incorporates i

2011Any office created by the will of the people can be abolished at any time by the will of the people. * * * The people have the power to give and the people have the power to take away.” Id. at 304 . {¶ 77} These Lockean principles succinctly put by this court in a charter challenge still ring true today. “[E]very man, by consenting with others to make one body politic under one government, puts himself under an obligation, to every one of that society, to submit to the determination of the majority, and to be concluded by it; or else this original compact, whereby he with others incorporates i

12011–2011
State v. Sterling green
ohio · 2007
2 sentences

2009Cf. State v. Sterling, 113 Ohio St.3d 255 , 2007-Ohio-1790 , 864 N.E.2d 630, ¶ 40-41 ; see also Frecker v. Dayton (1950), 153 Ohio St. 14, 26 , 41 O.O. 109 , 90 N.E.2d 851 (“rule, as to 6 January Term, 2009 the severability of statutes and the elimination of unconstitutional provisions, applies to municipal ordinances”).

2009Cf. State v. Sterling, 113 Ohio St.3d 255 , 2007-Ohio-1790 , 864 N.E.2d 630, ¶ 40-41 ; see also Frecker v. Dayton (1950), 153 Ohio St. 14, 26 , 41 O.O. 109 , 90 N.E.2d 851 (“rule, as to 6 January Term, 2009 the severability of statutes and the elimination of unconstitutional provisions, applies to municipal ordinances”).

12009–2009
State ex rel. Pinzone v. City of Cleveland neutral
ohio · 1973
1 sentence

1986Gibbons, v. Cleveland, supra, the city of Cleveland’s Civil Service Commission certified the names of eighteen patrolmen of the Cleveland Police Department who had passed the examination and were eligible for promotion to sergeant.

11986–1986

Where else courts name it

CA 21 (1907–2021) NY 12 (1903–2009) PA 9 (1904–2019) MI 8 (1887–2023) TX 7 (1915–2009) DE 6 (1938–2015) OH 6 (1907–2021) OR 5 (1918–2020) IL 5 (1865–2007) TN 4 (1909–1992) FL 4 (1932–1971) MO 4 (1921–1993) WA 4 (1898–1972) CO 3 (1917–1960) HI 2 (1920–2008) NJ 2 (1898–1901) MN 2 (1911–1976) MT 2 (2023–2026) NE 2 (1909–2016) GA 2 (1946–1981) CT 2 (1924–1998) AZ 2 (1951–1976)

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.

← Caselaw search · G Cite Topics · Brief Check