Gill v. Guru Gobind Singh Sikh Soc. of Cleveland
2017 Ohio 7163
| Ohio Ct. App. | 2017Background
- Guru Gobind Singh Sikh Society of Cleveland (GGSSS) adopted a 1992 Constitution establishing "founding members" with lifetime, non-cancelable status and an amendment procedure requiring supermajority votes at General Body meetings.
- In December 2007 the society's Executive Committee circulated and purported to ratify amendments (the "2007 Amendments") that granted 2007 general members the same status as 1992 founding members; the society filed an amendment certificate with the Ohio Secretary of State.
- Multiple litigations followed: (1) Janda (challenges to 2000 amendments and supervised 2007 election), (2) Chauhan (2008 — court declared June 2008 constitution void and held 2007 constitution binding), and (3) Singh (2011–2014 — appellate decision found 2011 amendments invalid and stated the 2007 Amendments had been ratified on Dec. 2, 2007). Trial courts later ordered elections to follow the 1992 Constitution as amended in 2007.
- Appellants (original founding members) sued after the 2015 election seeking to invalidate the 2015 election and, for the first time in this action, to declare the 2007 Amendments invalid, arguing they were not properly noticed, discussed, or voted upon and impermissibly altered founding-member protections.
- The trial court found the 2007 Amendments valid and that prior decisions (including this court’s 2014 decision) established the 1992 Constitution as amended in 2007 as the governing document; appellants appealed only the ruling upholding the 2007 Amendments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of the 2007 Amendments | The 2007 Amendments were not properly noticed, discussed, or ratified by the General Body and unlawfully affected the immutable founding-members provision | The 2007 Amendments were adopted by membership in 2007 and have been treated as binding; prior court orders relied on them | 2007 Amendments are valid; trial court's finding not against manifest weight of the evidence |
| Effect on Article III (founding-members clause) | The 2007 Amendments impermissibly amended a clause the 1992 Constitution said "cannot be amended" | The 2007 Amendments did not improperly change the substance of founding-member membership; they lawfully conferred equal status to 2007 members | Court found prior judgments and appellate precedent treated the 2007 Amendments as binding, precluding re-litigation |
| Claim preclusion / issue preclusion (res judicata) | Appellants contend the 2007 Amendments remain challengeable now | Defendants argue prior trial-court judgments and this court’s decision established the 2007 Amendments and appellants failed to timely appeal or vacate those rulings | Res judicata and law-of-the-case bar appellants from relitigating the validity of the 2007 Amendments |
| Standard of review for factual findings | Appellants implicitly seek de novo review of legal application | Defendants note trial court issued findings; factual findings reviewed for abuse of discretion/manifest weight | Court applied manifest-weight standard and affirmed the factual conclusion that the 2007 Amendments were ratified and binding |
Key Cases Cited
- Arnott v. Arnott, 132 Ohio St.3d 401 (Ohio 2012) (declaratory-judgment legal questions reviewed de novo)
- Eastley v. Volkman, 132 Ohio St.3d 328 (Ohio 2012) (standard for manifest-weight review of factual findings)
- Seasons Coal Co., Inc. v. Cleveland, 10 Ohio St.3d 77 (Ohio 1984) (appellate courts must be mindful of presumption in favor of the finder of fact)
- Grava v. Parkman Twp., 73 Ohio St.3d 379 (Ohio 1995) (res judicata/claim preclusion bars subsequent actions on same transaction)
- Nolan v. Nolan, 11 Ohio St.3d 1 (Ohio 1984) (law-of-the-case doctrine binds later proceedings in same case)
- State ex rel. Special Prosecutors v. Judges, Court of Common Pleas, 55 Ohio St.2d 94 (Ohio 1978) (decisions of reviewing courts control lower courts on matters within the judgment)