GLA Water Management Co. v. University of Toledo
963 N.E.2d 207
Ohio Ct. App.2011Background
- Lucas County court denied declaratory relief but later dismissed; contract awarded to Crown Solutions though appellee offered lower bid; appellee alleged violation of competitive bidding and sought injunctive/declaratory relief and damages; defendants argued the Court of Claims has exclusive jurisdiction over money damages against the state; attempts at partial dismissal of monetary claims were ineffective; court held state educational institutions may be exempt from some bidding requirements but subject to others; final judgment awarded attorney fees to appellee was appealed; court ultimately held lack of jurisdiction and reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court have jurisdiction over money-damages claims against the state? | GLA asserted Civ.R. 41 partial dismissal nullity; money damages belong to Court of Claims | State entities fall under Court of Claims exclusive jurisdiction | Yes; trial court lacked jurisdiction; dismissals improper |
| Are state universities required to follow competitive bidding for contracts? | R.C. 125.04(A) exempts educational institutions from 125.05 | 125.05 applies to bidding; court should enforce bidding for higher-cost purchases | Universities subject to bidding for certain purchases above thresholds, not all circumstances |
| Is GLA entitled to attorney fees and costs? | LAWS permit fee recovery when prevailing on equitable relief | Fee claim under R.C. 2335.39 misapplied given lack of jurisdiction | moot due to lack of jurisdiction; attorney-fee award vacated |
Key Cases Cited
- Pattison v. W.W. Grainger, Inc., 120 Ohio St.3d 142 (2008-Ohio-5276) (Civ.R. 41(A) cannot dismiss fewer than all claims against a defendant; amend under Civ.R. 15(A))
- Boggs v. State, 8 Ohio St.3d 15 (1983) (Court of Claims has exclusive jurisdiction over money damages against the state)