2022 Ohio 1646
Ohio Ct. App.2022Background
- JRB Holdings filed four pro se complaints with the Stark County Board of Revision challenging property valuations for parcels in four different school districts; each district filed counter-complaints.
- A consolidated hearing occurred on August 11, 2021; the Board of Revision mailed decisions denying JRB’s complaints on August 19, 2021.
- JRB (then represented by counsel) filed an administrative appeal to the Stark County Court of Common Pleas on September 15, 2021 but did not name or serve the four school districts as appellees.
- The Board of Revision and Auditor moved to dismiss under Civ.R. 12(B)(1), arguing R.C. 5717.05 requires naming and service on all parties to the administrative proceeding; the school districts entered appearances and supported dismissal.
- The trial court dismissed the appeal for lack of jurisdiction (R.C. 5717.05 is jurisdictional) and denied JRB leave to amend the notice of appeal because the statutory 30-day window had passed; JRB appealed.
- The Fifth District affirmed, holding the naming/serving requirement is mandatory and jurisdictional and that untimely amendment was not permitted; the court distinguished Roberts on its facts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to name and serve the school districts as appellees requires dismissal of the R.C. 5717.05 appeal | JRB: did not receive notice of counter-complaints and therefore should not be penalized for not naming/serving the districts | Board/Auditor: R.C. 5717.05 mandates naming and certified-mail service on the county auditor and all parties to the board proceeding; failure is jurisdictional | Affirmed dismissal: statute is jurisdictional (Huber Heights) and JRB failed to name/serve the school districts |
| Whether JRB could amend its notice of appeal after the 30‑day statutory period | JRB: should be allowed to amend (relied on Roberts) | Board/Auditor: amendment after the 30‑day statutory period cannot cure a jurisdictional defect | Denied: amendment untimely; Roberts distinguishable because here hearing notices and record placed JRB on notice of school districts’ participation |
Key Cases Cited
- Huber Heights Circuit Courts, Ltd. v. Carne, 74 Ohio St.3d 306 (R.C. 5717.05 requirements are mandatory and jurisdictional)
- Midwest Fireworks Manufacturing Co. v. Deerfield Township Board of Zoning Appeals, 91 Ohio St.3d 174 (appeal from administrative decisions exists only by statutory grant)
- State ex rel. Bush v. Spurlock, 42 Ohio St.3d 77 (standard for reviewing Civ.R. 12(B)(1) dismissals: whether any cognizable cause of action is pleaded)