483 N.E.2d 1220 | Ohio Ct. App. | 1984
These cases involve the appeals of twenty-six farmers who had deposited grain with Queen City Grain, Inc. and the trustee in bankruptcy for Queen City, representing the bankrupt's trade creditors. They appeal the decision of the Court of Claims which dismissed their actions against the Ohio Department of Agriculture, for failure to state a claim upon which relief could be granted. The appeals advance the identical assignment of error, as follows:
"The Court of Claims erred in sustaining Defendant's motion to dismiss."
Plaintiffs sustained losses due to the bankruptcy of Queen City. They brought their actions against the Department of Agriculture based upon the warehouseman's license issued by the department to Queen City. They contended that the department failed to ascertain whether Queen City was solvent prior to issuance and renewal of the license, as required by the provisions of R.C.
In its decision dismissing plaintiffs' actions, the Court of Claims found R.C.
Prior to the recent decision of the Supreme Court in Reynolds
v. State (1984),
In Reynolds, supra, however, the Supreme Court stated in the syllabus:
"1. The language in R.C.
"2. Once a decision has been made to furlough a prisoner pursuant to R.C.
Reynolds involved a claim by a plaintiff against the state for injuries received in an assault by a prisoner on a work furlough from prison pursuant to R.C.
While Reynolds changed the focus of the analysis of the state's waiver of immunity in the Court of Claims Act, it did not, in this case, change the outcome. Similar to the decision to furlough a prisoner pursuant to R.C.
Thus, for the foregoing reasons, the Court of Claims did not err in dismissing plaintiffs' complaints, because plaintiffs could prove no set of facts entitling them to recover from the state. See O'Brien v. University Community Tenants Union (1975),
Judgments affirmed.
STRAUSBAUGH and WHITESIDE, JJ., concur. *224