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← 59 OHIOST2D 22 - Herrick v. Lindley

Herrick v. Lindley’s Empirical Analysis

1979

Citation profile

23
cited by 23 later decisions
4
states following
October 2011
most recently cited

19 state decisions

How this case has been cited

Cited by 23 later decisions — most recently October 2011

19 state decisions

12019791980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on West Wisconsin Railway Company v. Board of Supervisors of Trempealeau County · Frost v. Lowry · Lakengren, Inc. v. Kosydar · Chope v. Collins · 144 Ohio St. 179 - Hospital Service Ass'n v. Evatt

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “By the clear language of these sections, PERS retirees have a vested right to receive a retirement allowance or similar benefit at the rate fixed by law when such benefit was conferred. However, neither R.C. 145.561 nor 3307.71 grants a vested right to a continuing tax exemption. Admittedly the net bankable retirement income might be the same whether the rate of a pension is reduced, or a tax is levied on such income. However, there is a definite legal distinction between reducing the rate of a pension and levying a tax upon the income received from that pension. The vesting statutes prohibit only a reduction in the rate of payment. They do not prohibit the imposition of a tax.”
    1 later decision quote this exact passage
  2. ““Upon principle, every statute, which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, imposes a new duty, or attaches a new disability, in respect to transactions or considerations already past, must be deemed retrospective * * *.” (Approved in Herrick v. Lindley [1979], 59 Ohio St. 2d 22, 25 , 13 O.O. 3d 13, 14-15, 391 N.E. 2d 729, 732 . See, also, Rairden v. Holden [1864], 15 Ohio St. 207 , 210, and Chevalier v. Brown [1985], 17 Ohio St. 3d 61, 63 , 17 OBR 64, 66, 477 N.E. 2d 623, 626 .)”
    1 later decision quote this exact passage
  3. “A right to tax exemption must appear with reasonable certainty in the language of a statute, and may not depend on a doubtful construction of that language.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.