Aarti Hospitality LLC v. City of Grove City, Ohio

350 F. App'x 1
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 18, 2009
Docket08-3745
StatusUnpublished
Cited by9 cases

This text of 350 F. App'x 1 (Aarti Hospitality LLC v. City of Grove City, Ohio) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aarti Hospitality LLC v. City of Grove City, Ohio, 350 F. App'x 1 (6th Cir. 2009).

Opinions

GRIFFIN, Circuit Judge.

Plaintiffs, eight hotels in Grove City, Ohio, alleged that the city discriminated against them based on the ethnic background of their owners and denied them procedural due process when it passed a tax abatement ordinance and approved certain design features for the benefit of plaintiffs’ business competitors, thereby giving those rivals unfair business advantages. Plaintiffs argued that the ordinance should be declared void as contrary to Ohio law under Ohio’s Declaratory Judgment Act, Ohio Revised Code § 2721.03, alleged violations of Ohio’s Public Records Act, Statutory Records Retention Schedule, and Open Meetings Act, and asserted federal claims under 42 U.S.C. § 1983 based on the Equal Protection and Due Process Clauses and the Civil Rights Act of 1964, 42 U.S.C. § 2000d.

The district court entered judgment on the pleadings in defendants’ favor under Rule 12(c) of the Federal Rules of Civil Procedure on plaintiffs’ request for declaratory relief, ruling that their alleged injury [3]*3of “increased competition” was insufficient to confer standing upon them under Ohio’s Declaratory Judgment Act. The district court also granted summary judgment in Grove City’s favor on plaintiffs’ federal claims, holding that the city did not discriminate against them or deny them due process. Finally, the district court declined to exercise supplemental jurisdiction over plaintiffs’ state law records and open meetings claims and remanded them to state court.

Because we hold that plaintiffs’ state law allegations relating to their request for declaratory relief fail to satisfy Ohio’s standing requirements, we affirm the district court’s dismissal of those claims. In addition, because the evidence does not demonstrate that Grove City discriminated against plaintiffs or denied them due process, we affirm the district court’s grant of summary judgment in Grove City’s favor on plaintiffs’ federal claims.

I.

In 1986, Grove City passed an ordinance which created a community reinvestment area (“CRA”). Within the CRA, Grove City sought to create “incentive measures to assist in encouraging ... economic and community development ... by remodeling or new construction[.]” One “incentive” the ordinance created was a fifteen-year tax exemption for the construction of commercial and industrial buildings within the CRA.

In 2003, the city expanded the CRA by adding additional acreage to the tax abatement area. Plaintiff hotels are located within the expanded CRA. Although the hotels concede that they can take advantage of the tax abatements, they complain that in order to do so, they must remodel or construct new improvements on their already existing properties. They contend that this puts them at a “grossly unfair” competitive disadvantage to new businesses, including defendant Drury Inns, Inc., and defendant Bob Evans Farms, Inc., which took advantage of the fifteen-year tax abatements to construct a new hotel and restaurant within the expanded CRA.

Although plaintiffs’ primary complaint concerns the legality of the tax abatement ordinance under Ohio law, their underlying theory is that the ordinance was part of a pattern by Grove City of discriminating against the hotels because of the ethnic background of their owners, who are immigrants from India. As part of this alleged scheme, plaintiffs also contend that the city discriminated against them by denying their requests for tax abatements and economic incentives; rejecting their requests for variances related to the designs and features of their hotels, while granting Drury Inns’s requests (allowing that hotel and its sign to be built higher and larger than other hotels in the area); commissioning a study assessing the feasibility of new hotel construction within the city and sharing its results with Drury Inns but not with plaintiffs; and holding secret meetings with Drury Inns. Further, they allege that Grove City withheld information or misled them about the 2003 ordinance and the construction of Drury Inns.

On September 27, 2006, plaintiffs filed suit against defendants, as well as other defendants,1 in the Franklin County Court of Common Pleas. Thereafter, the majority of defendants removed the case to the United States District Court for the Southern District of Ohio.

[4]*4The amended complaint asserted fourteen counts: Counts One through Five sought a declaratory judgment voiding the 2003 ordinance for failing to comply with Ohio law under Ohio Revised Code § 2721.03,2 and Counts Thirteen and Fourteen asserted violations of Ohio’s Public Records Act,3 Ohio’s Statutory Records Retention Schedule,4 and Ohio’s Open Meetings Act.5 The remaining counts were the following federal claims asserted only against Grove City: violation of the Equal Protection Clause (Count Six), violation of the Fourteenth Amendment (Count Seven), violation of Due Process (Count Eight), violation of public policy (Count Nine), violation of 42 U.S.C. § 1983 based upon the Equal Protection Clause (Count Ten), a § 1983 claim based upon the Due Process Clause (Count Eleven), and a § 1983 claim based upon an alleged violation of Title VI of the Civil Rights Act of 1964 (Count Twelve).

On May 16, 2007, 486 F.Supp.2d 696, the district court granted defendants’ motion for judgment on the pleadings under Rule 12(c) of the Federal Rules of Civil Procedure on Counts One through Five, ruling that plaintiffs lacked standing to obtain a declaratory judgment voiding the 2003 ordinance because “a mere allegation of increased competition does not constitute the adverse effect on personal, pecuniary, or property rights needed to confer sufficient standing.” The court also held that plaintiffs did not have standing in their capacities as taxpayers because they made no contention that they were being forced to operate under, or that their tax dollars were supporting, an illegal ordinance or regime, and they failed to identify any property rights or interests that were jeopardized by an ordinance that could equally benefit them.

On May 9, 2008, 2008 WL 2036720, the district court granted summary judgment in Grove City’s favor on plaintiffs’ federal claims (Counts Six through Twelve). Regarding the Equal Protection claim, the court held that there was no evidence that Grove City discriminated against plaintiffs because they did not attempt to obtain a tax abatement under the 2003 ordinance, and Grove City did not treat them differently than similarly-situated entities which were not Indian-owned. As to their procedural Due Process claim, the court ruled that Grove City did not deny plaintiffs due process because there was no evidence that it failed to give them adequate notice about the ordinance and an opportunity to be heard. The court also held that plaintiffs’ claims based on Title VI of the Civil Rights Act of 1964 and public policy failed because plaintiffs did not demonstrate that Grove City discriminated against them or violated public policy.

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Bluebook (online)
350 F. App'x 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aarti-hospitality-llc-v-city-of-grove-city-ohio-ca6-2009.