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Ohio Rev. Code Ann. § 303.65

Claim preclusion and zoning appeals

Effective: October 3, 2023; Latest Legislation: Senate Bill 21 (GA 135), House Bill 33 (GA 135)

A final judgment on the merits issued by a court of competent jurisdiction pursuant to its power of review under Chapter 2506. of the Revised Code, on claims brought under this chapter, does not preclude later claims for damages, including claims brought under 42 U.S.C. 1983, even if the common law doctrine of res judicata would otherwise bar the claim.

The general assembly intends that this section be construed to override the federal sixth circuit court of appeals's decision in the case Lavon Moore v. Hiram Twp., 988 F.3d 353 (6th Cir. 2021).

The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.

Last updated August 30, 2023 at 3:32 PM

Official source: Ohio Laws & Administrative Rules (Legislative Service Commission). Reproduced from public-domain Ohio statutes; confirm against the official source for the current text. Not legal advice.