City of Norwood v. Horney

In City of Norwood v. Horney, 110 Ohio St.3d 353, 2006 Ohio 3799, 853 N.E.2d 1115 (2006), a city had determined that certain property owners' neighborhood was a "deteriorating area," as defined by the Codified Ordinances of the City of Norwood ("Norwood Code"). Upon this determination, the city appropriated the owners' property. Though the Ohio Supreme Court noted that vagueness doctrine is usually applied in the criminal law and First Amendment context, it found its underpinnings, as outlined by the United States Supreme Court, applicable in the eminent domain context as well: 'Vague laws offend several important values. First, because we assume that man is free to steer between lawful and unlawful conduct, we insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly. Vague laws may trap the innocent by not providing fair warning. Second, if arbitrary and discriminatory enforcement is to be prevented, laws must provide explicit standards for those who apply them. A vague law impermissibly delegates basic policy matters to police officers, judges, and juries for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application.' City of Norwood, 110 Ohio St.3d at 379-80, 853 N.E.2d at 1142-43. Despite the litany of factors listed in the Norwood Code defining "deteriorating area," the City of Norwood Court found that the ordinance offered "so little guidance in application that it is almost barren of any practical meaning." Id. at 382, 853 N.E.2d at 1145. Further, "rather than affording fair notice to the property owner, the Norwood Code merely recites a host of subjective factors that invite ad hoc and selective enforcement . . . ." Id. The Ohio Supreme Court held that "the use of 'deteriorating area' as a standard for determining whether private property is subject to appropriation is void for vagueness and offends due-process rights because it fails to afford a property owner fair notice and invites subjective interpretation." Id.