Property Rights

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Class Action Certified Against Cleveland Heights’ Attack on Outside Ownership

FOR IMMEDIATE RELEASE April 12, 2024 Non-local homeowners forced to pay extra earn right to seek refunds. Cleveland, OH – A federal court late yesterday certified a class action lawsuit against the City of Cleveland Heights, Ohio, explaining…
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Ohio Cities Cannot Gut Search Warrant Requirement

FOR IMMEDIATE RELEASE October 2, 2023 Ohio Cities Cannot Gut Search Warrant Requirement North Canton’s crusade for warrants to enter homes based solely on lack of consent from homeowners is unconstitutional. Stark County, OH – The…
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Cleveland Heights Attack on Outside Ownership Unconstitutional

FOR IMMEDIATE RELEASE February 15, 2023   Ohio cities may not charge extra assessments to nonresidents who own homes within their limits.   Columbus, OH – The 1851 Center for Constitutional Law this week moved to enjoin…
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Milford Airbnb Ban Unconstitutional

FOR IMMEDIATE RELEASE October 4, 2022   Ohio cities unlawfully trample property rights when they criminalize vacation rentals.   Columbus, OH – The 1851 Center for Constitutional Law this week moved to enjoin the City of Milford’s…
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Akron Federal Court: CDC Eviction Ban Unlawful

FOR IMMEDIATE RELEASE March 10, 2021   Centers for Disease Control has no authority to administratively criminalize removal of tenants who refuse to pay Akron, OH – A federal court on Wednesday determined that the Centers for Disease…
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Constitutional Rights During the Quarantine

Ohio Department of Health’s Orders may be prudent, but are largely unenforceable Columbus, OH – State and federal constitutions entitle Ohioans to protections, which remain in place even as the state implements seemingly prudent restrictions…
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Columbus Historic District Fines Unconstitutional

Ohio cities violate private property rights when they criminalize landscaping and gardening Columbus, OH – The 1851 Center for Constitutional Law has filed an action in federal court on behalf of a Columbus couple threatened with 60 days…
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Federal Court Victory: Forbidding More Than Three People from Living Together Violates Ohio Constitution

Ohio cities violate property rights by using zoning to prohibit more than three unrelated people from living in the same home Bowling Green, OH – A federal court late Friday, agreeing with arguments made by the 1851 Center for Constitutional…
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Ohio Cities Cannot Prohibit Use of Security Alarms

Cincinnati's "alarm tax" violates homeowners’ right to communicate, freedom from double-taxation The 1851 Center for Constitutional Law has moved to invalidate a municipal ordinance that forbids homeowners from protecting themselves with…
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Victory: Ohio Cities’ “Pre-Sale” Home Inspections and Fees Unconstitutional

City of Oakwood violated homeowners Fourth Amendment rights through sweeping city-wide  home inspection requirements and must now return in section fees to all affected homeowners February 9, 2018: Dayton, OH - A federal court late yesterday…
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Sixth Circuit: State Cannot Inspect Ohioans’ Business Records without Warrant

Fourth Amendment prohibits state’s mandate making all business records “available at all times” to state agents January 22, 2018: Columbus, OH – A federal circuit court late yesterday ruled that Ohio’s policies demanding private business…
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Court: $100 Per Day Fines for Yard Signs Unconstitutional

Ohio city's ban on political yard signs except directly before and after elections violates free speech, property rights August 30, 2017: Toledo, OH - A federal court prohibited an Ohio city from fining citizens who display political yard…
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Federal Court Approves Class Action on Ohio City’s Illegal Home Inspections

Legal Center: Fees that City's homeowners were forced to pay to fund unconstitutional "point of sale" inspections must now be returned Cleveland, OH - A federal court certified a class action lawsuit against the City of Bedford, Ohio, explaining…
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Ohio Court: Eminent Domain for Private Pipelines Unconstitutional

Private ethane pipeline to Canada is not a "public use" or "public necessity," as required by Ohio Constitution Ruling will protect property rights of Ohio farmers and other rural property owners Bowling Green, OH - An Ohio court ruled that…
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Ohio School District Forced to Return $5.5 Million in Illegal Taxes to Taxpayers

Indian Hill Board of Education raised taxes without a vote, refused to refund money Cincinnati, OH - After a five-plus year legal battle concluded with an Ohio Court denying all of its objections, the Indian Hill Exempted Village School District…
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Ohio Court: Cities Cannot Immediately Seize Private Property When Not For Roads

Court's ruling places important limits on "quick-take" eminent domain power Columbus, OH - An Ohio Court ruled that the City of Perrysburg's attempt to immediately seize the land of eleven local homeowners exceeds its power, given the Ohio…
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Federal Court: Cities’ Rental Licensing and Inspection Requirements Unconstitutional

Fourth Amendment secures property rights of landlords from unlawful searches and occupational licensing regulations in Ohio and nationwide Columbus, OH – The Southern District of Ohio ruled that the City of Portsmouth’s occupational licensing…
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Ohio High Court Rebukes School District Tax Increase

Taxpayers cheated by Indian Hill School District's "Inside Millage Move", by raising taxes without public vote Cincinnati - Indian Hill School District's property tax increase without voter permission violated state law, according to unanimous…
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Legal Center to High Court: Cleveland-Area Stormwater Tax Unconstitutional

Northeast Ohio Sewer District tax on "impervious surfaces" is without legislative authorization, and is a property tax without the required voter approval Columbus, OH - The 1851 Center for Constitutional Law submitted to the Ohio Supreme…
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Federal Court: Ohio Precious Metals Dealers Licensing Scheme Unconstitutional

Act regulates business in response to constitutionally-protected advertising, and prohibits legitimate purchases of gold and silver Columbus, OH – A federal court late yesterday ruled that Ohio’s regulatory scheme governing those purchasing…