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LaBorde, et al., v. City Of Gahanna, Ohio et al

RESPONSE in Opposition re MOTION for Judgment on the Pleadings

21 Cited authorities

  1. Board of Regents v. Roth

    408 U.S. 564 (1972)   Cited 14,716 times   4 Legal Analyses
    Holding that where a public employee's appointment terminated on a particular date and there was no provision for renewal after that date, the employee "did not have a property interest sufficient to require . . . a hearing when [the officials] declined to renew his contract of employment."

  2. Howlett v. Rose

    496 U.S. 356 (1990)   Cited 1,377 times   2 Legal Analyses
    Holding that "the State and arms of the State . . . are not subject to suit under § 1983"

  3. Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency

    535 U.S. 302 (2002)   Cited 746 times   19 Legal Analyses
    Holding it “inappropriate to treat cases involving physical takings as controlling precedents for the evaluation of a claim that there has been a ‘regulatory taking,’ and vice versa”

  4. Hibbs v. Winn

    542 U.S. 88 (2004)   Cited 575 times   7 Legal Analyses
    Holding that "[b]ecause [28 U.S.C.] § 2101(c)'s 90-day limit [for petition for certiorari] had not yet expired, the clock could still be reset"

  5. Ruckelshaus v. Monsanto Co.

    467 U.S. 986 (1984)   Cited 1,067 times   17 Legal Analyses
    Holding that Missouri law, which follows the Restatement of Torts, creates cognizable property right in trade secrets

  6. Webb's Fabulous Pharmacies, Inc. v. Beckwith

    449 U.S. 155 (1980)   Cited 539 times   2 Legal Analyses
    Holding that States may not, "by ipse dixit, ... transform private property into public property without compensation"

  7. Tucker v. Middleburg-Legacy

    539 F.3d 545 (6th Cir. 2008)   Cited 556 times
    Holding that FMLA claim was not pleaded with sufficient specificity

  8. Penna. Coal Co. v. Mahon

    260 U.S. 393 (1922)   Cited 1,506 times   11 Legal Analyses
    Holding that a ban on coal mining below homes to prevent their collapse is a taking

  9. Commonwealth Edison Co. v. U.S.

    271 F.3d 1327 (Fed. Cir. 2001)   Cited 121 times
    Holding that a congressional imposition of an obligation to pay money does not constitute an unconstitutional taking of property, in a case challenging the special monetary assessments on domestic utilities for remediation of environmentally contaminated uranium processing facilities, the court rejected a Takings Clause challenge to the Energy Policy Act of 1992, citing Eastern Enterprises as well as previous Federal Circuit precedent

  10. Woda Ivy Glen Ltd. Partnership v. Fayette County Board of Revision

    2009 Ohio 762 (Ohio 2009)   Cited 27 times
    In Woda Ivy Glen, we considered whether the highest and best use of real estate should be determined by taking into account the significant tenant and rent restrictions recorded in the chain of title as prerequisites for the low-income-housing tax credit ("LIHTC").

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 490,094 times   693 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 348,310 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  13. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 95,908 times   660 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  14. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 62,270 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  15. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 50,302 times   151 Legal Analyses
    Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”

  16. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,128 times   1237 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  17. Section 1341 - Taxes by States

    28 U.S.C. § 1341   Cited 1,873 times   17 Legal Analyses
    Prohibiting federal judicial restraints on the collection of state taxes

  18. Section 2723.01 - Jurisdiction of courts of common pleas

    Ohio Rev. Code § 2723.01   Cited 72 times

    Courts of common pleas may enjoin the illegal levy or collection of taxes and assessments and entertain actions to recover them when collected, without regard to the amount thereof, but no recovery shall be had unless the action is brought within one year after the taxes or assessments are collected. R.C. §2723.01 Effective Date: 10/1/1953 .

  19. Section 9.39 - Liability for public money received or collected - unclaimed money

    Ohio Rev. Code § 9.39   Cited 15 times

    All public officials are liable for all public money received or collected by them or by their subordinates under color of office. All money received or collected by a public official under color of office and not otherwise paid out according to law shall be paid into the treasury of the public office with which the public official is connected to the credit of a trust fund and shall be retained there until claimed by its lawful owner. If not claimed within a period of five years, the money shall

  20. Section 5701.07 - Credits, current accounts, prepaid items defined

    Ohio Rev. Code § 5701.07

    As used in Title LVII of the Revised Code: (A) "Credits" means the excess of the sum of all current accounts receivable and prepaid items used in business when added together, estimating every such account and item at its true value in money, over and above the sum of current accounts payable of the business, other than taxes and assessments. (B) "Current accounts" includes items receivable or payable on demand or within one year from the date of inception, however evidenced. (C) "Prepaid items"