Monroe v. Brown

381 N.E.2d 1151, 56 Ohio App. 2d 153, 8 Ohio Op. 3d 467, 1978 Ohio App. LEXIS 7519
CourtOhio Court of Appeals
DecidedMarch 28, 1978
DocketNos. 77AP-839, 77AP-896, 77AP-897 and 77AP-953
StatusPublished

This text of 381 N.E.2d 1151 (Monroe v. Brown) 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
Monroe v. Brown, 381 N.E.2d 1151, 56 Ohio App. 2d 153, 8 Ohio Op. 3d 467, 1978 Ohio App. LEXIS 7519 (Ohio Ct. App. 1978).

Opinion

Reilly, J.

This is an appeal from judgments of the Court of Common Pleas of Franklin County. These four cases have been consolidated for purposes of this appeal.

The records indicate that there was a referee’s hearing and memoranda were filed by counsel, but there were nd findings of fact. Appellants’ cases are based upon petitions to quash appellee’s request for information, which we quote:

“1. The Attorney General has requested certain information' from the petitioner, a copy is attached and marked Petitioners exhibit ‘A.’
*154 “2. Said request is pursuant to Section 109.24 OMo Revised Code.
“3. Petitioner is not a charitable trust as provided by Section 10923.1 et seq. of the Ohio Revised Code.
“4. Petitioner further says that a reading of said sections would indicate that the Attorney General does not have the authority to request said information in that the-petitioner is not a trustee or member of any charitable-trust.
“5. Petitioner does not have the obligation to supply any of the requested information because he does not deal in or with ‘Charitable trusts’.
“Wherefore, Petitioner prays that the motion to quash be sustained and that respondents be ordered to-rescind their request for information.”

The information requested was the following:

“Pursuant to Section 109.24 of the Ohio Revised Code, the Attorney General hereby requests you to produce and/or open for inspection, copying or reproduction, the following books and papers:
“I. All records relating to the operation of schemes of chance or games of chance at Union Station, Northern Lights Shopping Center, 3357 Cleveland Avenue, Columbus, Ohio, from May of 1976 to the present.
“These records should include all original writings of any nature whatsoever and all non-identical copies thereof, in your possession, custody or control regardless of where located, including but not limited to:
“(a) Any lease agreements entered into in connection with the conduct of schemes or games of chance.
“(b) Any contracts or other written agreements entered into in connection with the conduct of schemes or games of chance.
“(c) All memoranda, correspondence, communications and reports relating to the conduct of schemes of chance or games of chance.
“(d) All daily flow sheets or other daily records pertaining to the conduct of schemes or games of chance and recording such items as opening bank, number of chips *155 or tokens sold, gross receipts, gross payments or prizes, receipts and payouts itemized as to type of scheme or game of chance, closing bank, expenses, net profit.
“(e) Any cash receipts and 'disbursement journals pertaining to schemes or games of chance.
“(f) Any attendance records pertaining to schemes or games of chance.
“(g) Any payroll records pertaining to schemes or games of chance.
“(h) Any invoices, vouchers, or receipts pertaining to the conduct of schemes or games of chance.
“ (i) All bank statements, checkbooks, cancelled checks, and deposit slips pertaining to any account(s) into which proceeds from the conduct of schemes or games of chance have been deposited.
“(j) All receipts, cancelled checks or other records containing the names of all charitable organizations or purposes to which proceeds from the conduct of schemes or games of chance have been disbursed.
“II. Any and all other related documents that verify the above requested records. If originals and/or nonidentical copies of the above records are not available, identical copies of original documents and copies of non-identical copies may be substituted.”

There doesn’t appear to be any question that appellants advertised they were conducting charitable festivals and operating casino-type gambling. In any event, the petition to quash the attorney general’s subpoena in each of these consolidated cases was overruled. The basic decision and entry reads as follows:

“This cause has been submitted to this Court for ruling on the question of whether or not the Attorney General has the authority to subpoena certain books or records relating to the operation of games of chance by the petitioners. In light of the broad enabling language used in Revised Code Section 109.24, which gives the Attorney General the power to ‘investigate transactions and relationships of trustees of a charitable trust,’ and to ‘require the production of any hooks and papers relevant to the in *156 quiry,’ this Court has concluded that the petition to quash the Attorney General’s subpoena should not be found well taken.
“As lessors, the petitioners receive the proceeds from the operation of the games of chance and disburse a part of these proceeds to charitable organizations after deducting certain expenses. Because of this it must follow that the Attorney General can make appropriate inquiry as to-whether or not the proceeds which are being received are being appropriately administered on behalf of the charitable organizations. If this were not the case, then the intent of R. C. 109.24 to hold charitable organizations accountable to the public could be completely frustrated merely by having a for profit corporation control the financial operations of a charitable organization. Since the petitioners have a fiduciary duty to account to the charitable organization with respect to money it receives from its operations, this Court has concluded that the legislature intended to include parties such as the petitioners herein within its broad term of ‘trustees’ over whom the Attorney General has the power to investigate.
“Accordingly, the petition to quash the Attorney General’s subpoena is hereby overruled.”

This appeal has now been duly perfected upon the cases as consolidated, including the following assignments of error:

“1. The Trial Court erred in finding appellant to be a charitable trust for purposes of Ohio Revised Code Section 109.24.
“2. The trial court erred in applying Ohio Revised Code section 109.23 et seq. rather than Ohio Revised Code section 2915.01 et seq.
“3. The trial court erred in refusing to quash the request for information for the failure of appellee to specifically state his purpose for such a request.”

In substance, appellee has requested appellants to produce financial records and documents pertaining to the operation of their gambling operations allegedly upon behalf of charitable organizations.

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Bluebook (online)
381 N.E.2d 1151, 56 Ohio App. 2d 153, 8 Ohio Op. 3d 467, 1978 Ohio App. LEXIS 7519, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monroe-v-brown-ohioctapp-1978.