ProgressOhio.org, Inc. v. JobsOhio (Slip Opinion)
13 N.E.3d 1101
Ohio2014Background
- ProgressOhio.org, Inc., Michael J. Skindell, and Dennis E. Murray Jr. challenged the JobsOhio Act as unconstitutional.
- JobsOhio was created as a nonprofit to promote economic development and was funded by initial state appropriation and liquor operations revenues.
- Appellants sought declaratory and injunctive relief prohibiting JobsOhio’s formation and operation.
- Lower courts held appellants lacked standing to sue and dismissed the case.
- This Court granted discretionary review to decide whether appellants had standing to challenge the JobsOhio Act.
- The Court ultimately held appellants had no standing under traditional, public-right, taxpayer, or Declaratory Judgment Act theories.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Traditional standing requirement | Appellants have a direct stake in JobsOhio. | No personal injury or direct stake; no standing. | Appellants lack traditional standing. |
| Public-right doctrine applicability | Public-right status allows challenges without personal injury. | Doctrine limited to mandamus/prohibition actions; not available here. | Public-right standing does not apply to common pleas declaratory actions. |
| Taxpayer standing | Appellants have taxpayer standing to challenge spending. | Waived due to failure to raise below. | Taxpayer standing waived. |
| Declaratory Judgment Act standing (R.C. 2721.03) | Moore suggests possible standing under declaratory relief. | Waived and insufficient rights at stake; no real controversy. | No standing under R.C. 2721.03. |
| Standing under the JobsOhio Act (R.C. 187.09) | R.C. 187.09(B) grants standing to challenge constitutionality. | Statute silent on who has standing; does not abrogate common-law standing. | No standing under the JobsOhio Act. |
Key Cases Cited
- State ex rel. Ohio Academy of Trial Lawyers v. Sheward, 86 Ohio St.3d 451 (1999) (public-right standing; mandamus/prohibition context; rare, extraordinary issues)
- Moore v. Middletown, 133 Ohio St.3d 55 (2012) (declaratory relief standing; injury and justiciability prerequisites)
- Burger Brewing Co. v. Liquor Control Comm., 34 Ohio St.2d 93 (1973) (standing requires direct, immediate impact)
- Ohio Pyro, Inc. v. Ohio Dept. of Commerce, 115 Ohio St.3d 375 (2007) (traditional standing framework and redressability)
- JobsOhio v. Goodman, 133 Ohio St.3d 297 (2012) (mandamus/declaratory-judgment posture and jurisdiction)