Leist v. Mad River Twp. Bd. of Trustees
2016 Ohio 2960
Ohio Ct. App.2016Background
- David Leist, Mad River Township fire chief, was terminated by the Mad River Township Board of Trustees after an administrative hearing while Leist had a pending civil defamation suit against board members.
- Leist filed an administrative appeal to the Clark County Common Pleas Court under Chapter 2506, but the court dismissed it as untimely; this court reversed and remanded in a prior appeal because the Board had not issued a final order.
- On remand, the trial court entered a one-paragraph de novo judgment affirming the Board’s termination decision without holding a hearing, taking evidence, or remanding to the Board for a written decision.
- Leist argued the trial court erred by deciding the administrative appeal without a hearing or consideration of additional evidence; the Board contended the statutory appeal procedure had been followed and Leist failed to request a hearing.
- This court concluded the trial court lacked jurisdiction because the Board had not issued a final, appealable order under Chapter 2506; the matter was reversed and remanded to the Board to issue a final order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly decided the administrative appeal without further hearing or evidence | Leist: trial court should have held a hearing or accepted evidence (citing Civ. R. 60(B) and 2506.03 procedures) | Board: statutory procedure was followed; Leist did not request a hearing | Court: trial court lacked jurisdiction because Board never issued a final order; trial court erred in deciding the appeal |
| Whether an administrative appeal under R.C. Chapter 2506 can proceed absent a final order from the administrative body | Leist: timely appeal once decision exists; claimed procedural defects justified hearing | Board: implied that its proceeding and vote were sufficient | Court: a common pleas court has no jurisdiction under Chapter 2506 without a final, appealable order from the board |
| Whether the trial court should have remanded to the Board to issue a written decision with conclusions of fact | Leist: transcript lacked required conclusions of fact, entitling him to evidentiary hearing | Board: did not produce a written decision; argued procedures were adequate | Court: remand to the Board is required so it may issue a final order with conclusions of fact under R.C. 2506.03 |
| Whether the trial court used the proper standard of review | Leist: trial court should apply statutory de novo review per 2506.03 and consider whole record and any new evidence | Board: urged affirmation of termination | Court: trial court misstated the standard (used "manifest weight" language); statutory standard required |
Key Cases Cited
- Aria's Way, LLC v. Bd. of Zoning Appeals, 173 Ohio App.3d 73, 877 N.E.2d 398 (2007) (when transcript lacks conclusions of fact, common pleas court should hold evidentiary hearing)
- Henley v. Youngstown Bd. of Zoning Appeals, 90 Ohio St.3d 142, 735 N.E.2d 433 (2000) (trial court must review whole record and explain whether administrative order is unconstitutional, illegal, arbitrary, capricious, unreasonable, or unsupported by substantial, reliable, probative evidence)
- State ex rel. Wright v. Ohio Adult Parole Auth., 75 Ohio St.3d 82, 661 N.E.2d 728 (1996) (subject-matter jurisdiction cannot be waived and may be raised sua sponte by appellate court)