Latest Case: State ex rel. Bohlen v. Halliday (Civil Procedure)

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NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan argues that the text of the Constitution makes clear that Congress has the power to impeach and convict Donald Trump, even though he is no longer President. Buchanan describes the unambiguous textual support for this conclusion, which Buchanan (and others) argue is also amply supported by the Constitution’s purpose, structure, and other interpretive approaches.

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State ex rel. Bohlen v. Halliday

Citation: 2021-Ohio-194

Opinion Date: January 27, 2021

Judge: Per Curiam

Areas of Law: Civil Procedure, Constitutional Law, Real Estate & Property Law

The Supreme Court granted a writ of prohibition sought by Relators, who owned property over which Ohio Power Company sought to take easements by eminent domain, holding that Relators were entitled to a writ of prohibition to prevent Washington County Court of Common Pleas Judge John Halliday from proceeding with a compensation trial during the pendency of Relators' appeal. After Judge Halliday ruled that Ohio Power's takings were necessary for a public use Relators appealed to the Fourth District Court of Appeals. Notwithstanding the appeal, Judge Halliday scheduled a trial on the issue of compensation. Relators commenced this action seeking a writ of prohibition to prevent Judge Halliday from holding the compensation trial while their appeal was pending. The Supreme Court granted the writ, holding (1) the appropriations in this case did not fall under any of the exceptions to the owner's right to immediate appeal under Ohio Rev. Code 163.09(B)(3); and (2) a compensation trial during the pendency of a section 163.09(B)(3) appeal is inconsistent with the court of appeals' jurisdiction.