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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

Section 303.65 | Claim preclusion and zoning appeals.

Ohio Revised Code
/
Title 3 Counties
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Chapter 303 County Zoning; Renewal; Wind and Solar Generation Restrictions
 
Effective:
October 3, 2023
Latest Legislation:
Senate Bill 21 (GA 135), House Bill 33 (GA 135)
PDF:
Download Authenticated PDF
 

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

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