2013 Ohio 3087
Ohio Ct. App.2013Background
- Schreyer filed a declaratory judgment action against the Preble County Board of Commissioners seeking determinations about the legality of moving a Goose Creek forum from a private business to the commissioners' chambers.
- The Goose Creek forum was originally scheduled at Taffy's of Eaton, but newspapers announced a move to the commissioners' chambers one day before the event.
- Commissioners testified they had no recollection of moving the forum at the time, though one later admitted contacting newspapers about the move.
- The trial court granted the commissioners’ Civ.R. 12(B)(6) motion to dismiss, finding no real and present controversy and thus no justiciable declaratory judgment claim.
- Schreyer appealed, arguing the controversy was ripe because the action already occurred and involved alleged illegality and retaliation by the commissioners.
- The appellate court affirmed, concluding no current controversy existed that would be resolved by declaratory relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a real and justiciable controversy exists | Schreyer asserts a live dispute over illegality, ethics, and retaliation. | Commissioners contend there is no current controversy; the forum action already occurred and future events are uncertain. | No justiciable controversy; dismissal affirmed. |
Key Cases Cited
- Mid-Amer. Fire & Cas. Co. v. Heasley, 113 Ohio St.3d 133 (2007-Ohio-1248) (abuse of discretion standard for declaratory judgments)
- Arnott v. Arnott, 132 Ohio St.3d 401 (2012-Ohio-3208) (declaratory judgment justiciability considerations)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion defined)
- O'Brien v. Univ. Comm. Tenants Union, Inc., 42 Ohio St.2d 242 (1975) ( Civ.R. 12(B)(6) dismissal standards and ripeness principles)
- Lebanon, 12th Dist. No. CA2003-12-115, 2004-Ohio-4526 (2004) (ripe and justiciable controversy requirements)
- Burger Brewing Co. v. Liquor Control Comm., 34 Ohio St.2d 93 (1973) (foundational concepts of justiciability and controversy)
- State v. McCarty, 12th Dist. No. CA2006-04-093, 2007-Ohio-2290 (2007) (ripeness and mootness in declaratory judgment context)
- James A. Keller, Inc. v. Flaherty, 74 Ohio App.3d 788 (10th Dist.1991) (repetition and public interest exceptions to review)
- In re L.W., 168 Ohio App.3d 613 (2006-Ohio-644) (public-interest exception cautions in appellate review)