State ex rel. JobsOhio v. Goodman
978 N.E.2d 153
Ohio2012Background
- Original mandamus action by JobsOhio seeking a ruling on constitutionality of H.B. 1 and H.B. 153 and an order to execute a franchise-and-transfer agreement for the state liquor business.
- H.B. 1 authorized creation of JobsOhio and governance (governor as chair, eight directors appointed by governor).
- H.B. 153 authorized transferring all or part of the alcohol-distribution system to JobsOhio for a transfer price.
- JobsOhio and state agencies negotiated an Operations Services Agreement and a Franchise-and-Transfer Agreement; many steps required approvals and signatures.
- ODC Director Goodman refused to sign the franchise-and-transfer agreement, citing oath to uphold the Ohio Constitution.
- JobsOhio filed for mandamus to compel signature; Goodman answered and moved for judgment on the pleadings; court sua sponte questioned jurisdiction and dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandamus is proper or the dispute is a declaratory judgment claim | JobsOhio seeks mandamus to enforce signing; real object is constitutionality | Goodman asserts no mandamus; seeks declaratory relief on constitutionality | Dismissed; lack of mandamus jurisdiction; real object is declaratory judgment |
| Whether there is an adequate ordinary-remedy to challenge constitutionality | JobsOhio argues mandamus expedites resolution | Adequate remedy is a declaratory-judgment action in common pleas court | Dismissed; adequate remedy exists; mandamus not proper |
Key Cases Cited
- State ex rel. Johnson v. Richardson, 131 Ohio St.3d 120 (2012-Ohio-57) (mandamus limits; assess relief with presumption of truth)
- ProgressOhio.org, Inc. v. Kasich, 129 Ohio St.3d 449 (2011-Ohio-4101) (declaratory judgments not available in mandamus; lack of controversy)
- State ex rel. Ministerial Day Care Assn. v. Zelman, 100 Ohio St.3d 347 (2003-Ohio-6447) (no original jurisdiction over declaratory judgments in mandamus context)
- State ex rel. Miller v. Warren Cty. Bd. of Elections, 130 Ohio St.3d 24 (2011-Ohio-4623) (mandamus remedy; determine proper remedy)
- State ex rel. Obojski v. Perciak, 113 Ohio St.3d 486 (2007-Ohio-2453) (jurisdictional questions; assess true object of claim)
- State ex rel. Duerk v. Donahey, 67 Ohio St.2d 216 (1981-Ohio-423) (precedent on mandamus versus advisory relief)
- State ex rel. Shkurti v. Withrow, 32 Ohio St.3d 424 (1987-Ohio-513) (advisory opinions in mandamus context)
- State ex rel. Ohio Gen. Assembly v. Brunner, 114 Ohio St.3d 386 (2007-Ohio-3780) (constitutional questions in mandamus context distinguished)
- State ex rel. Ohio AFL-CIO v. Voinovich, 69 Ohio St.3d 225 (1994) (limits on original actions addressing constitutionality)
- State ex rel. Ohio AFL-CIO v. Ohio Bur. of Workers’ Comp., 97 Ohio St.3d 504 (2002-Ohio-6717) (exceptional cases for original action on constitutionality)
- State ex rel. Ohio Academy of Trial Lawyers v. Sheward, 86 Ohio St.3d 451 (1999) (exceptional circumstances for original action)