Ohio Supreme Court. Courtesy photo Ohio High Court Calls Out Appellate Court for Failing to Follow Its Directions on Remand
"It is axiomatic that an inferior court lacks jurisdiction to depart from a superior court's mandate. In AWMS, we reversed the court of appeals' grant of summary judgment to the state and remanded the case specifically for the purpose of conducting the proper takings analysis. In this regard, we did not leave the court of appeals' task open-ended," the court said. "Rather, we specified that the court of appeals 'must weigh the parties' evidence relating to AWMS's total-takings claim' and 'must weigh the parties' evidence in accordance with this opinion.'"
January 25, 2024 at 11:27 AM
5 minute read
After failing to comply with its order on remand, the Ohio Supreme Court reversed an Eleventh District Court of Appeals' ruling, which failed to follow the high court's instructions to weigh the parties' evidence in deciding whether the state's suspension of operations at a private company's salt-water-injection well constituted a total or partial government taking of property.
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