State ex rel. Salim v. Ayed
2013 Ohio 4880
Ohio Ct. App.2013Background
- Relators seek a writ of quo warranto to oust Omar Mosque directors; Initial Board identified included Ayed, Bin Hammam, Kashou, Marashdeh, Dada and intended to govern only through 2009; board continued past 2009 with questions about elections; on Sept. 9, 2011, mosque members met to discuss concerns and potential steps; Oct. 8, 2011 community vote contemplated continued board vs new election; April 21, 2012 election produced a Third Board and 146 valid ballots; court held relators lack standing as private citizens and the office is not a public office for quo warranto purposes, so the action was improper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to sue quo warranto as private citizens | Salim argues they are entitled to bring as private citizens. | Ayed contends private citizens lack standing for nonprofit director quo warranto. | Relators lack standing; action dismissed. |
| Whether nonprofit mosque directors constitute a public office | Relators argue directors hold public office. | Respondents contend nonprofit directors are not public offices. | Not a public office; private citizens cannot bring quo warranto. |
| Proper scope of magistrate conclusions on standing and findings | Salim challenges certain factual findings. | Ayed defends magistrate's factual scope. | Court adopts magistrate’s legal conclusions; certain findings corrected, others sustained. |
| Authority to bring quo warranto when AG or prosecutor can act | Relators rely on private action until AG/prosecutor acts. | AG/prosecutor can initiate; private action not required. | Relators not deprived of remedy; AG or prosecutor should pursue. |
Key Cases Cited
- State ex rel. Hawthorne v. Russell, 107 Ohio St.3d 269 (2005-Ohio-6431) (private citizen may sue only when claiming title to a public office)
- State ex rel. E. Cleveland Fire Fighters' Assn., Local 500, Internatl. Assn. of Fire Fighters, 96 Ohio St.3d 68 (2002-Ohio-3527) (private citizen standing to sue for quo warranto)
- State ex rel. Cain v. Kay, 38 Ohio St.2d 15 (1974) (quo warranto right generally with state/officers; not private individuals)
- State ex rel. Annable v. Stokes, 24 Ohio St.2d 32 (1970) (private right to quo warranto limited to public office)
- Hawthorn v. Russell (State ex rel.), 107 Ohio St.3d 269 (2005-Ohio-6431) (standing and public office analysis for quo warranto)