Jankowski v. Monclova-Maumee-Toledo Joint Economic Development Zone Board of Directors

924 N.E.2d 932, 185 Ohio App. 3d 568
CourtOhio Court of Appeals
DecidedJanuary 22, 2010
DocketNo. L-09-1130
StatusPublished

This text of 924 N.E.2d 932 (Jankowski v. Monclova-Maumee-Toledo Joint Economic Development Zone Board of Directors) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jankowski v. Monclova-Maumee-Toledo Joint Economic Development Zone Board of Directors, 924 N.E.2d 932, 185 Ohio App. 3d 568 (Ohio Ct. App. 2010).

Opinion

Singer, Judge.

{¶ 1} Appellants appeal a summary judgment entered in the Lucas County Court of Common Pleas against them and in favor of a Joint Economic Development Zone in a suit challenging the legality of an income tax imposed upon [570]*570employees and businesses within the zone. For the reasons that follow", we affirm in part and reverse in part.

{¶ 2} In 2003, the governing bodies of appellees, Monclova Township, the city of Maumee, and the city of Toledo, produced a proposed contract for the creation of a Joint Economic Development Zone (“JEDZ”) for a commercial area lying generally west of Interstate 475 and south of Salisbury Road in Monclova Township in Lucas County. After Maumee and Toledo adopted the contract, the citizens of Monclova Township approved it at the 2003 general election.

{¶ 3} In 2004, the JEDZ board of trustees enacted a one and one-half percent income tax on all businesses and individuals in the zone, effective in April 2004. In March 2004, appellants, David Jankowski and Robert Barnhart, instituted a declaratory judgment action to invalidate the tax and enjoin its collection.

{¶ 4} Appellants asserted that (1) because electors live in the JEDZ, an income tax could not statutorily be imposed without their approval by vote or petition, (2) the JEDZ contract terminated automatically when the JEDZ board failed to institute an income tax within 120 days of the contract’s effective date, (3) the contract’s prohibition of annexation was unlawful, (4) a provision requiring the JEDZ to contract with the township for governmental services was unlawful, and (5) a contract for services with the township for services that the township is already legally obligated to provide is nothing more than an attempt to share income tax revenues with the township, an arrangement that is not permitted in law.

{¶ 5} The JEDZ board suspended the tax pending resolution of the legal issues. In April 2004, the JEDZ board amended the JEDZ contract to exclude from the zone the two properties in the zone upon which there were residents. In May 2004, appellants amended their complaint to allege that the JEDZ board’s amendment excluding inhabited residences from the zone was illegal.

{¶ 6} The trial court would eventually rule that the contract terminated by its own terms when the JEDZ board faded to effect an income tax in the district within 120 days. Appellees appealed this judgment and won reversal. Jankowski v. Monclova-Maumee-Toledo JEDZ, 6th Dist. No. L-05-1156, 2005-Ohio-6652, 2005 WL 3440781, ¶ 28. We remanded the case to the trial court for consideration of other issues found moot as the result of the initial judgment. Id. at ¶ 33.

{¶ 7} On remand, the matter was submitted to the court on cross-motions for summary judgment with stipulated facts and exhibits. On consideration, the trial court granted appellees’ motion for summary judgment on all issues and denied appellants’.

[571]*571{¶ 8} In a comprehensive judgment, the court concluded that appellees’ 2003 JEDZ agreement did not contravene the intent and purposes of R.C. 715.691, nothing in R.C. 715.691 requires that income tax revenues be used exclusively in the JEDZ, the JEDZ board’s contract with Monclova Township to provide governmental services in the zone was lawful, and the subsequent amendment of the 2003 JEDZ agreement was proper.

{¶ 9} From this judgment, appellants now bring this appeal. Appellants set forth the following three assignments of error:

{¶ 10} “First Assignment of Error:
{¶ 11} “The trial court erred in holding that a JEDZ income tax levied pursuant to R.C. 715.691(H) may be distributed to one or more contracting municipalities for expenditure of municipal purposes having no relationship or benefit to the JEDZ.
{¶ 12} “Second Assignment of Error:
{¶ 13} “The trial court erred in sustaining the validity of the contract between the JEDZ and Monclova Township required by paragraph 5 of the JEDZ contract.
{¶ 14} “Third Assignment of Error:
{¶ 15} “The trial court erred in declaring the JEDZ contract valid because the essential provisions of the 2003 JEDZ contract violate the express terms and purpose of R.C. 715.691.”

{¶ 16} Appellate courts employ the same standard for summary judgment as trial courts. Lorain Natl. Bank v. Saratoga Apts. (1989), 61 Ohio App.3d 127, 129, 572 N.E.2d 198. The motion may be granted only when the following are demonstrated:

{¶ 17} “(1) [T]hat there is no genuine issue as to any material fact; (2) that the moving party is entitled to judgment as a matter of law; and (3) that reasonable minds can come to but one conclusion, and that conclusion is adverse to the party against whom the motion for summary judgment is made, who is entitled to have the evidence construed most strongly in his favor.” Harless v. Willis Day Warehousing Co. (1978), 54 Ohio St.2d 64, 67, 8 O.O.3d 73, 375 N.E.2d 46. Civ.R. 56(C).

{¶ 18} When seeking summary judgment, a party must specifically delineate the basis upon which the motion is brought, Mitseff v. Wheeler (1988), 38 Ohio St.3d 112, 526 N.E.2d 798, syllabus, and identify those portions of the record that demonstrate the absence of a genuine issue of material fact. Dresher v. Burt (1996), 75 Ohio St.3d 280, 293, 662 N.E.2d 264. When a properly supported motion for summary judgment is made, an adverse party may not rest on mere [572]*572allegations or denials in the pleading, but must respond with specific facts showing that there is a genuine issue of material fact. Civ.R. 56(E); Riley v. Montgomery (1984), 11 Ohio St.3d 75, 79, 11 OBR 319, 463 N.E.2d 1246. A “material” fact is one that would affect the outcome of the suit under the applicable substantive law. Russell v. Interim Personnel, Inc. (1999), 135 Ohio App.3d 301, 304, 733 N.E.2d 1186; Needham v. Provident Bank (1996), 110 Ohio App.3d 817, 826, 675 N.E.2d 514, citing Anderson v. Liberty Lobby, Inc. (1986), 477 U.S. 242, 248,106 S.Ct. 2505, 91 L.Ed.2d 202.

{¶ 19} R.C. 715.691 provides an alternative structure for the creation of a Joint Economic Development Zone when one of the parties to the JEDZ contract does not levy a municipal income tax. The statute provides:

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Riley v. Montgomery
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Mitseff v. Wheeler
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Dresher v. Burt
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Kostelnik v. Helper
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Bluebook (online)
924 N.E.2d 932, 185 Ohio App. 3d 568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jankowski-v-monclova-maumee-toledo-joint-economic-development-zone-board-ohioctapp-2010.