Madison St. Fishery, L.L.C. v. Zehringer
2017 Ohio 992
Ohio Ct. App.2017Background
- Appellants are three commercial fishing companies licensed to harvest yellow perch from Lake Erie who sued the Ohio Department of Natural Resources Director (the Chief) and the Wildlife Council challenging the quota allocation system.
- R.C. 1533.341 (enacted 2007) authorizes a quota management system; Ohio Adm.Code 1501:31-3-12 implements annual allocation procedures and criteria.
- The Chief and Council adopted a methodology in 2008 to calculate each licensee’s base share using historical catch (1990–2007); allocations using that methodology have been issued annually since 2009.
- Appellants waited several years after implementation and sued in 2014 seeking declaratory and injunctive relief and damages, alleging violations of R.C. 1533.341 and inequity of the quota system.
- The trial court granted appellees’ Civ.R. 12(B)(6) motion to dismiss for failure to state a claim; appellants appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether statute unlawfully delegated legislative power or lacks standards | The allocation framework and its application are arbitrary and exceed lawful delegation | R.C. 1533.341 provides intelligible principles and reviewable procedures | Statute supplies an adequate "intelligible principle"; delegation constitutional |
| Whether the Council must reapprove the quota methodology annually | Council approval is required each year for the quota system/methodology | Council need only approve the methodology once; the Chief implements it annually | Council approval once (2008) sufficed; annual acts are by the Chief under the rule |
| Whether the closure/redistribution of the western basin and quota reallocation effect an unconstitutional taking | Reassignment and basin closure deprive licensees of protected property rights | Wildlife regulation falls within the State's police power and is not a taking | Management actions were a valid exercise of police power, not an unconstitutional taking |
| Whether the quota system is inequitable and justiciable | The allocation methodology is inequitable and violative of R.C. 1533.341 | Allocation is equitable, recognizes past catch history, and is policy reserved to the executive/legislature | Equity and policy choices are political questions; no viable judicial claim pleaded |
Key Cases Cited
- O’Brien v. Univ. Community Tenants Union, Inc., 42 Ohio St.2d 242 (1975) (standard for Civ.R. 12(B)(6) dismissal)
- Blue Cross of N.E. Ohio v. Ratchford, 64 Ohio St.2d 256 (1980) (delegation requires an intelligible principle and review procedure)
- State v. Hanlon, 77 Ohio St. (1907) (state police power over fish and game)
- Derolph v. State, 78 Ohio St.3d 193 (1997) (political question doctrine and limits on judicial review)