Volume 160 — North Eastern Reporter, Third Series

The trial court erred in overruling appellant's motion to suppress. What began as a consensual encounter between a task force officer and appellant, a bus passenger, morphed into a Terry stop. The officers' search and seizure of appellant's backpack was not a reasonable precautionary measure, because the totality of the circumstances did not create a reasonable suspicion that appellant was armed and dangerous. Judgment reversed and remanded. (Welbaum, J., dissenting.)

The trial court did not err by determining that the arbitrator did not exceed his powers. Accordingly, the trial court did not err by dismissing plaintiff-appellant's motion to vacate the arbitrator's award.

A public school treasurer was not entitled to additional damages based on the school board's failure to send him further notices of nonrenewal after he was reemployed by operation of law pursuant to R.C. 3313.22(A). Under the statute, the treasurer was entitled to only a one-year term of reemployment, and the trial court did not err in limiting damages to one year. The trial court did err in failing to award the treasurer attorney fees based on the school board's violation of R.C. 121.22(F). Under R.C. 121.22(I)(2)(a), a well-informed school board would reasonably have believed, based on ordinary application of the law, that it was violating or threatening to violate R.C. 121.22. Furthermore, a well-informed school board reasonably would have believed that its conduct would not serve public policy. Finally, the trial court also erred in adding damages that were not statutorily authorized under R.C. 3313.22(A), which allows recovery only of the treasurer's salary and increments. Judgment affirmed in part, reversed in part, and remanded for further proceedings. (Hall, J., concurring in part and dissenting in part.)

Trial court did not abuse its discretion in (1) finding that appellant father's lack of consent for his daughter to participate in football was unreasonable, (2) finding appellant was unlikely to comply with the court's order to allow and assist his daughter in attending football practice and games, or (3) in temporarily suspending appellant's shared parenting time until football season concluded.