Rider-Durst v. Conotton Valley Union Local School Dist. Bd. of Edn.
2021 Ohio 3587
| Ohio Ct. App. | 2021Background
- In June 2020 Conotton Valley Board awarded a $142,000 contract to Pleasant Hill Construction to demolish and replace a football-stadium press box; the Board did not publicly bid the work.
- Demolition began immediately; Appellants (local residents/taxpayers) discovered the project in early July, sent a cease-and-desist and public-records request, and filed suit on July 10 seeking a TRO, preliminary injunction, and a declaratory judgment (claiming the contract violated R.C. 3313.46).
- The trial court dismissed the complaint on July 16 for lack of taxpayer standing; Appellants appealed.
- Meanwhile Pleasant Hill completed the project and the Board made final payment; the appellate court rejected the Board’s motion to dismiss the appeal as moot because the trial court never reached the merits and the issue could evade review.
- The Seventh District affirmed: Appellants lacked standing as taxpayers because they alleged only general taxpayer status and did not show a special, individualized injury; the court declined to apply the narrow Connors presumption exception.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether taxpayers (Appellants) have standing to enjoin a public contract alleged to violate R.C. 3313.46 | Rider‑Durst: as district residents and taxpayers, they may bring a common‑law taxpayer action to enjoin an unlawful contract | Board: Ohio law requires a taxpayer to show a special injury beyond general taxpayer status | Held: No standing — general taxpayer status alone is insufficient; plaintiffs failed to allege a special, individualized injury |
| Whether R.C. 3313.46’s bidding requirements apply to the press box project | Rider‑Durst: statute governs public school construction over $50,000 and bidding was required | Board: argued (implicitly) that the press box may not qualify as a "school building" requiring bidding | Held: Court treated the press box as likely accessory to school facilities (guidance only) but did not decide statute’s applicability because plaintiffs lacked standing |
| Availability of requested relief (injunction / voiding contract / return of funds) given project completion | Rider‑Durst: sought injunction and declaratory relief voiding the contract and returning funds | Board: work completed; Pleasant Hill (not a party) performed and was entitled to payment; injunctive relief and restitution no longer practical | Held: Injunctive relief and restitution unavailable as pleaded because contract work was complete and Pleasant Hill was not a party |
| Whether the Connors exception allows presuming special injury for statutory bidding violations | Rider‑Durst: argued Connors exception (presumed injury when mandatory bidding statutes are violated) should apply | Board: Connors exception is not controlling Ohio law and has not been widely adopted | Held: Court declined to adopt the Connors exception; followed Masterson line requiring proof of special injury |
Key Cases Cited
- State ex rel. Masterson v. Ohio State Racing Comm., 162 Ohio St. 366, 123 N.E.2d 1 (Ohio 1954) (establishes requirement that taxpayer plaintiffs show a special, individualized injury to maintain common‑law taxpayer actions)
- State ex rel. Connors v. Ohio Dept. of Transp., 8 Ohio App.3d 44, 455 N.E.2d 1331 (10th Dist. 1982) (articulated an exception presuming special injury for certain statutory bidding violations)
- State ex rel. N. Ohio Chapter of Associated Builders & Contractors, Inc. v. Barberton City School Bd. of Edn., 188 Ohio App.3d 395, 935 N.E.2d 861 (9th Dist. 2010) (declined to apply Connors exception where bidding complied with statute)
- State ex rel. Walgate v. Kasich, 147 Ohio St.3d 1, 59 N.E.3d 1240 (Ohio 2016) (illustrates limits on taxpayer standing for generalized grievances)