Opinions > 2024 Opinions
Requested by: Madison County Prosecuting Attorney
A county engineer lacks unilateral authority to permit broadband installations within the right-of-way along county roads. A board of county commissioners, however, may enter into agreements with private broadband providers to permit such installations, subject to the terms of easement deeds and competitive bidding requirements. A board of county commissioners and a county engineer may only charge a reasonable fee for actual administrative and inspection costs.
Requested by: Adams County Prosecuting Attorney
It is a criminal offense for a person to knowingly enter and occupy another’s residence without legal right or permission of the owner or lawful tenant. At the request of the property owner or lawful tenant, a law enforcement officer may enter onto the property and arrest the trespasser when probable cause for the arrest exists. If property rights are reasonably in dispute, then the property owner may need to file an eviction action. Absent probable cause for arrest or a court order to remove the occupant, a law enforcement officer could incur liability for acting without legal authority.
Requested by: Logan County Prosecuting Attorney
Whether a composting facility is considered “agriculture” under R.C. 519.01 and exempt from township zoning resolutions under R.C. 519.21(A) is a question of fact to be determined by the township; and, if not considered agriculture, can only be regulated as a conditional use if it is a specifically permitted as a conditional use in the township’s zoning laws. If a composting facility is not agriculture, and therefore subject to township zoning laws, it must comply with the township zoning laws even if it has obtained a permit from the Ohio Environmental Protection Agency. Revised Code 519.23-.24 provides the procedure if there is any dispute over the applicability of township zoning laws to a composting facility.
Requested by: Delaware County Prosecuting Attorney
The term “services” as used in R.C. 9.48 does not include “construction” or “construction services.” 2019 Att’y Gen. No. 2019-028 followed. However, the term “services” may cover the installation, maintenance, repair, and the like of items acquired under R.C. 9.48 provided such services to not constitute nor cross into construction or construction services. Whether any particular service acquired under R.C. 9.48, including any repair, maintenance, replacement, installation, or upgrade constitutes “construction” or “construction services” is a question of fact beyond the opinion-rendering function of the Attorney General.
Requested by: Knox County Prosecuting Attorney
A board of township trustees lacks authority to establish a death benefit payable directly from township funds to the family of a township employee who dies while so employed.
Requested by: Holmes County Prosecuting Attorney
If dogs under the age of eight weeks old are sold directly to the public, R.C. 955.50(A) does not apply. However, if dogs under the age of eight weeks old are sold for the purpose of being resold or placed into commerce, R.C. 955.50(A) does apply. Whether this statute applies to high volume dog breeders depends on to whom and for what purpose the dogs are sold. Finally, whether there is any payment made is irrelevant to the analysis because it is not in the statute.