McDonald's Corp. v. Union Cty. Bd. of Revision
2012 Ohio 3751
Ohio Ct. App.2012Background
- Connolly Construction filed a BOR complaint on Mar 31, 2011 challenging McDonald’s Marysville property valuation in a TIF area.
- The complaint was signed by John R. Connolly, a salaried employee, without stating his relationship to Connolly Construction.
- McDonald’s counter-claimed challenging the validity of Connolly’s complaint; BOR increased the valuation from $900,000 to $1,120,000.
- McDonald’s moved on Jan 20, 2012 to remand and dismiss for lack of proper owner identification and unauthorized signature; Connolly responded Jan 24.
- BORA granted McDonald’s motion on Mar 27, 2012, determining the record was insufficient on ownership and that Connolly was unauthorized to sign as a salaried employee under R.C. 5715.19(A).
- Connolly appealed on Apr 10, 2012 raising a single assignment of error regarding the signature under R.C. 5715.19(A)(1); the court reviews de novo on the constitutional issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether R.C. 5715.19(A) authorizing a salaried employee to sign constitutes the unauthorized practice of law | Connolly | McDonald’s | Unconstitutional beyond reasonable doubt; signatory unauthorized |
Key Cases Cited
- Sharon Village Ltd. v. Licking Cty. Bd. of Revision, 78 Ohio St.3d 479 (Ohio 1997) (preparation of pleadings constitutes the practice of law)
- Dayton Supply & Tool Co., Inc. v. Montgomery Cty. Bd. of Revision, 111 Ohio St.3d 367 (Ohio 2006) (corporate-officer exception to the unauthorized practice of law)
- Highlights for Children, Inc. v. Collins, 50 Ohio St.2d 186 (Ohio 1977) (board review standard; provides authority for BOR decisions)
- Land Title Abstract & Trust Co. v. Dworken, 129 Ohio St. 23 (Ohio 1934) (definition of the practice of law)