Volume 162 — North Eastern Reporter, Third Series

Trial court erred in granting judicial release to appellee on the grounds that appellee was at great risk of serious harm or death due to the Covid-19 virus and his comorbidities of recent kidney transplant, diabetes, and hypertension. Appellee was ineligible for conventional judicial release because he was serving a mandatory prison term, and the record does not support a compassionate release under R.C. 2929.20(N). Judgment reversed and vacated.

The evidence was insufficient to support the trial court's finding that, during the dates listed in the complaint, appellant's advertising his "bed and breakfast" for prospective rental was contrary to Miami Township Zoning Resolution Article 8, Section 801, which prohibits use of his property as a "bed and breakfast" without a conditional-use certificate. Although the appellant advertised a farmhouse on his property as a "bed and breakfast" for a period of time, and he intended for it to be used as a bed and breakfast, there was no evidence that it was occupied by guests during the relevant dates. Amendment of the dates in the charging complaint to include conduct that occurred after the charges were filed was error in that the amendment changed the charged offense in violation of Crim.R. 7(D). Judgment vacated.

Oil and gas lease-conversion/Unjust enrichment/Damages

JURIES — BATSON CHALLENGE: The trial court erred by allowing the state to exercise a peremptory challenge to remove a black juror in the trial of a black defendant because the state presented a race-based reason for the challenge.

Although appellant represented to building officials that a barn on his property was used for agricultural purposes and agritourism, and accordingly exempt from Ohio Building Code regulations, appellant hosted weddings at the venue, which bore insufficient connectivity to the agricultural features of the property and presented safety concerns about the occupancy of the building. Building officials were not estopped from issuing a stop work order to appellant appellant represented that he was engaged in agriculture and agritourism in his barn, and officials issued the stop work order when they learned the true nature of the structure's use. Judgment affirmed.

R.C. 5717.04, appeal of Ohio Board of Tax Appeals decision, transfer of limited liability company membership, arms-length sale of real property. The Board of Tax Appeals decision to uphold the county's original tax valuation of the property in issue and reject appellant's proposed increase based on the asserted sale price was not unlawful or unreasonable. Appellant failed to provide credible evidence to substantiate that the transfer of the limited liability company membership interests was merely an arms-length sale of real property only entitled to valuation at the alleged sale price.

R.C. 4112.06 – Ohio Civil Rights Commission - jurisdiction