Proctor v. Kardassilaris

873 N.E.2d 872, 115 Ohio St. 3d 71
CourtOhio Supreme Court
DecidedOctober 3, 2007
DocketNos. 2006-1242 and 2006-1243
StatusPublished
Cited by69 cases

This text of 873 N.E.2d 872 (Proctor v. Kardassilaris) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Proctor v. Kardassilaris, 873 N.E.2d 872, 115 Ohio St. 3d 71 (Ohio 2007).

Opinions

Moyer, CJ.

I. Introduction

{¶ 1} This appeal presents the issue of whether R.C. 5501.22, which provides that the Ohio director of transportation is not “suable” outside of Franklin County except in certain limited circumstances, applies to counterclaims filed in an ongoing appropriation action in another county.

{¶ 2} In 2001, appellee, Director of Transportation Gordon Proctor, initiated separate appropriation actions against appellants Kathy Kardassilaris and others (“Kardassilaris”) and Richard Blank and others (“Blank”) in the Trumbull County Court of Common Pleas. Proctor sought to take parts of the Kardassilaris and Blank parcels to make improvements to State Route 5 in Cortland, Ohio. The trial [72]*72court granted these appropriations and disbursed funds to the landowners for them. Employees of the Ohio Department of Transportation (“ODOT”) made the improvements from 2002 to 2003.

{¶ 3} In 2004, Kardassilaris and Blank were granted leave of court to file inverse-condemnation counterclaims in mandamus in their respective appropriation actions. Each alleged that ODOT went beyond the boundaries of the appropriations and damaged their properties when it made the improvements. They requested writs of mandamus compelling Proctor to appropriate the additional parts of their properties that they alleged were taken during this process. Further, they sought jury awards for the value of the additional property seized and related damages.

{¶ 4} Proctor moved to dismiss these counterclaims for lack of subject matter jurisdiction pursuant to Civ.R. 12(B)(1). The trial court granted Proctor’s motions and dismissed both counterclaims.

{¶ 5} On appeal, Kardassilaris and Blank argued that their counterclaims arose from the same transactions and occurrences as the appropriation proceedings, and thus Civ.R. 13(A) required them to bring their claims in Trumbull County. The court of appeals disagreed, holding that R.C. 5501.22 requires both original actions and counterclaims against the director of transportation to be brought in Franklin County, with limited exceptions not relevant to these cases. Noting that jurisdictional statutes are substantive laws that control over procedural rules, the court of appeals affirmed the trial court judgments dismissing the counterclaims for lack of subject matter jurisdiction.

{¶ 6} We accepted jurisdiction on the Kardassilaris and Blank appeals (2006-1242 and 2006-1243 respectively) and consolidated them for review. For the following reasons, we affirm the judgment of the court of appeals.

II. Analysis

{¶ 7} It is well-settled law that a state is not subject to suit in its own courts unless it expressly consents to be sued. See Manning v. Ohio State Library Bd. (1991), 62 Ohio St.3d 24, 29-30, 577 N.E.2d 650. In 1912, the Ohio Constitution was amended to provide that “[s]uits may be brought against the state, in such courts and in such manner, as may be provided by law.” Section 16, Article I, Ohio Constitution.

{¶ 8} However, this provision did not provide specific consent for every state entity to be sued in every state court. See Conley v. Shearer (1992), 64 Ohio St.3d 284, 285, 595 N.E.2d 862, citing Raudabaugh v. State (1917), 96 Ohio St. 513, 518, 118 N.E. 102. Rather, it merely enabled the state to pass statutes consenting to be sued in specific ways; unless an explicit statutory waiver exists, the presumption of sovereign immunity applies. See id.

[73]*73{¶ 9} In 1928, the General Assembly enacted such a statute, waiving immunity for suits against the director of transportation but limiting such suits to Franklin County. See G.C. 1187. The current version of the statute, R.C. 5501.22, maintains this rule: “The director of transportation shall not be suable, either as a sole defendant or jointly with other defendants, in any court outside Franklin county* * *.” R.C. 5501.22.

{¶ 10} While there are exceptions for actions brought by railroad companies, those brought by property owners to prevent due process violations, and those brought pursuant to certain enumerated chapters of the Revised Code, id., Kardassilaris and Blank do not claim that any of these exceptions apply to them. Instead, they offer three arguments for the contention that this statute does not apply to the inverse-condemnation counterclaims they asserted in the trial court.

A. R.C. 5501.22 and Counterclaims

{¶ 11} Kardassilaris and Blank first take issue with the use of the word “suable” in R.C. 5501.22. They argue that, while this word clearly refers to original actions against the director of transportation, it does not explicitly include counterclaims. They suggest that the General Assembly would have had to say “counter-suable” for the statute to apply to counterclaims. In their view, the failure to explicitly include such a term limits the application of the statute to original actions, given the statutory-interpretation maxim expressio unius est exclusio alterius (to express one thing is to exclude the other). We are not persuaded.

{¶ 12} When analyzing a statute, our primary goal is to apply the legislative intent manifested in the words of the statute. See State ex rel. Herman v. Klopfleisch (1995), 72 Ohio St.3d 581, 584, 651 N.E.2d 995. Statutes that are plain and unambiguous must be applied as written without further interpretation. See Lake Hosp. Sys. v. Ohio Ins. Guar. Assn. (1994), 69 Ohio St.3d 521, 524, 634 N.E.2d 611. In construing the terms of a particular statute, words must be given their usual, normal, and/or customary meanings. See State ex rel. Solomon v. Police & Firemen’s Disability & Pension Fund Bd. of Trustees (1995), 72 Ohio St.3d 62, 65, 647 N.E.2d 486, citing R.C. 1.42. Rules for construing the language (such as expressio unius) may be employed only if the statute is ambiguous. See State v. Porterfield, 106 Ohio St.3d 5, 2005-Ohio-3095, 829 N.E.2d 690, ¶ 11.

{¶ 13} The only ambiguity alleged here is with the meaning of the word “suable.” According to Black’s Law Dictionary, “suable” means “[c]apable of being sued.” Black’s Law Dictionary (8th Ed.2004) 1464. To sue is to institute a lawsuit against another party. Id. at 1473. A “suit” is defined as “[a]ny proceeding by a party or parties against another in a court of law.” (Emphasis added.) Id. at 1475. Conversely, “counter-suable” appears to be the creation of counsel for Kardassilaris and Blank; we are unable to find a definition for the [74]*74term in any legal or general dictionary, and we could not locate a single state or federal case in which it was used.

{¶ 14} According to the plain meaning of the term “suable” and that of the related terms arising from its definition, R.C. 5501.22 provides that any action brought against the director of transportation in a court of law must be brought in Franklin County.

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Cite This Page — Counsel Stack

Bluebook (online)
873 N.E.2d 872, 115 Ohio St. 3d 71, Counsel Stack Legal Research, https://law.counselstack.com/opinion/proctor-v-kardassilaris-ohio-2007.