State ex rel. Ebbing v. Ricketts
133 Ohio St. 3d 339
Ohio2012Background
- Ebbing was appointed village fiscal officer in December 2005 and reappointed in June 2006 to serve indefinitely under RC 733.262(D).
- RC 733.262(D) allows removal without cause by the mayor with council consent or by a supermajority vote of the council.
- In January 2008 Mayor Hanes became mayor and, after an auditor's investigation, found Ebbing misperformed duties including overpayment of overtime.
- On January 17, 2008 the village council voted four-to-two to terminate Ebbing without cause, with the mayor enforcing the removal thereafter.
- On February 25, 2008 Mayor Hanes appointed Belinda Ricketts as the new fiscal officer, with council approval.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether removal under RC 733.262(D) validates quo warranto relief | Ebbing: removal lacked proper council support timing. | Ricketts: majority support for the mayor's decision suffices. | Yes; majority support before/after removal is sufficient. |
| Whether the court properly treated untimely Civ.R. 12(B)(6) motion | Ebbing: untimely strike should be stricken. | Ricketts: could be treated as Civ.R. 12(C); merits considered. | Court properly treated as cognizable and did not abuse discretion. |
| Whether reply to answer was permissible and pleadings were correctly limited | Ebbing claimed Civ.R. 2733.12 allowed a reply; his filing should be allowed. | Civ.R. 7(A) governs replies; Yeagley supports limited replies. | Court did not abuse; reply properly limited. |
| Whether stay of discovery pending summary judgment was appropriate | No stay or insufficient stay prejudices Ebbing. | Discovery delayed to resolve dispositive motion; delay minimal. | No abuse; stay within court’s discretion. |
| Whether Civ.R. 11 sanctions require an evidentiary hearing and fee award | Ricketts requested Civ.R. 11 sanctions and fees; hearing required. | Sanctions may be awarded without a hearing in some contexts. | Reversed; an evidentiary hearing was required prior to sanctions/fee award. |
Key Cases Cited
- State ex rel. Johnson v. Richardson, 131 Ohio St.3d 120 (2012-Ohio-57) (quo warranto and office rights; narrow relief mechanism)
- State ex rel. Zeigler v. Zumbar, 129 Ohio St.3d 240 (2011-Ohio-2939) (quo warranto standard and entitlement to office)
- State ex rel. Yeagley v. Harden, 68 Ohio St.3d 136 (1993) (applies Civil Rules to quo warranto actions)
- State ex rel. Shimko v. McMonagle, 92 Ohio St.3d 426 (2001-Ohio-4267) (courts lack original jurisdiction over declaratory judgments in some contexts)
- State ex rel. Ministerial Day Care Assn. v. Zelman, 100 Ohio St.3d 347 (2003-Ohio-6447) (jurisdictional limits on declaratory judgments)
- Whaley v. Franklin Cty. Bd. of Commrs., 92 Ohio St.3d 6 (2001) (treats Civ.R. 12(B)(6) vs. Civ.R. 12(C) transitions)