State ex rel. Board of County Commissioners v. Board of Directors

665 N.E.2d 202, 75 Ohio St. 3d 611
CourtOhio Supreme Court
DecidedJune 19, 1996
DocketNo. 95-1274
StatusPublished
Cited by34 cases

This text of 665 N.E.2d 202 (State ex rel. Board of County Commissioners v. Board of Directors) 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
State ex rel. Board of County Commissioners v. Board of Directors, 665 N.E.2d 202, 75 Ohio St. 3d 611 (Ohio 1996).

Opinion

Per Curiam.

Appellants assert that the court of appeals erred in denying the requested writ of mandamus. The court of appeals determined that appellee district board did not possess a clear legal duty pursuant to R.C. 343.012(B) to ascertain, apportion, and equitably divide the assets of the six-county district. The court of appeals concluded that the district board had substantially complied [614]*614with R.C. 343.012(B). In so holding, the court of appeals declined to address the issue of whether appellants possessed an adequate remedy in the ordinary course of law.

As a preliminary matter, the appellee board asserts that appellants are not entitled to a writ of mandamus because appellants possess an adequate remedy at law, i.e., an action to vacate the counties’ June 1993 contract. See R.C. 2731.05 (writ of mandamus will not be issued when there is a plain and adequate remedy in the ordinary course of law). However, it is evident that appellants seek to enforce R.C. 343.012(B). While mandamus may not ordinarily be employed as a substitute for an action at law to recover money, underlying public duties having their basis in law may be compelled by a writ of mandamus. State ex rel. Levin v. Schremp (1995), 73 Ohio St.3d 733, 735, 654 N.E.2d 1258, 1260.

In addition, although a writ of mandamus cannot issue to control a public body’s exercise of discretion, it can be issued to compel the public body to exercise such discretion when it has a clear legal duty to do so. See State ex rel. Huntington Ins. Agency, Inc. v. Duryee (1995), 73 Ohio St.3d 530, 534, 653 N.E.2d 349, 354. Mandamus is also appropriate to correct any abuse of discretion in the proceedings of the district board. See, e.g., State ex rel. McMaster v. School Emp. Retirement Sys. (1994), 69 Ohio St.3d 130, 133, 630 N.E.2d 701, 704-705; State ex rel. Kelly v. Cuyahoga Cty. Bd. of Elections (1994), 70 Ohio St.3d 413, 414, 639 N.E.2d 78, 79. Based on the foregoing, appellants properly sought a writ of mandamus to compel the district board to comply with R.C. 343.012(B), since appellants do not possess an adequate remedy in the ordinary course of law.

As to the remaining prerequisites for a writ of mandamus, i.e., clear legal right and clear legal duty, appellants contend that the court of appeals erred in concluding that the district board had complied with R.C. 343.012(B). R.C. 343.012(B) provides:

“ * * * Upon the withdrawal of a county from a joint district, the board of directors shall ascertain, apportion, and order a division of the funds on hand, credits, and real and personal property of the district, either in money or in kind, on any equitable basis between the district and the withdrawing county consistent with the agreement to establish and maintain the district entered into and ratified under division (A) of section 343.01 of the Revised Code and the prior contributions of the withdrawing county.”

“In construing a statute, a court’s paramount concern is the legislative intent in enacting the statute. * * * In determining legislative intent, the court first looks to the language in the statute and the purpose to be accomplished.” State v. S.R. (1992), 63 Ohio St.3d 590, 594-595, 589 N.E.2d 1319, 1323. Under R.C. 343.012(B), after the withdrawal of counties from a joint solid waste management district, the board of directors of the district must (1) ascertain, (2) apportion, and [615]*615(3) order an equitable division of certain assets of the district consistent with the initial agreement establishing the district and prior contributions of the withdrawing counties.

Upon withdrawal, the district board must initially “ascertain” the funds on hand, credits, and real and personal property of the district. In that “ascertain” is not defined in R.C. Chapter 343, it must be accorded its usual, normal or customary meaning. State ex rel. Herman v. Klopfleisch (1995), 72 Ohio St.3d 581, 584, 651 N.E.2d 995, 998; R.C. 1.42. “Ascertain” means “to render certain or definite.” Black’s Law Dictionary (6 Ed.1990) 114.

The minutes of the six-county district board’s 1993 meetings reveal no ascertainment of the district assets specified in R.C. 343.012(B). Jackson County Commissioner Robert Willis conceded that the June 1993 meeting minutes did not reflect any discussion of the nature, extent, or amount of the six-county district’s assets other than a brief reference to the counties’ June 1993 agreement. The counties’ June 1993 agreement merely stated that the counties “now desire to ascertain, ap[p]ortion and order a division” of the district assets but did not evidence any actual ascertainment of district assets.

The court of appeals relied on evidence that the counties had access to district balance sheets and financial information to conclude that the six-county board substantially complied with the requirement of R.C. 343.012(B) to ascertain district assets. However, Willis admitted that without the district fiscal officers present at the board’s June 11, 1993 meeting, the board would not have had access to any comprehensive financial reports. Additionally, Gallia County Commissioner Harold Montgomery testified that the district balance sheets merely showed the amounts appropriated for the use of the district and did not reflect the revenues received by the district. Finally, the court of appeals itself noted that the district balance sheets did not include all of the pertinent assets. Accordingly, it is evident that the district board did not comply with the R.C. 343.012(B) requirement of ascertaining district assets.

The court of appeals further concluded that the six-county board substantially complied with the R.C. 343.012(B) requirements of apportionment and equitable division of district assets. The court of appeals determined that the division, which was based on the district board’s December 1993 financial report and which gave appellants less than ten percent of the six-county district’s assets, was equitable because appellants secured the remaining counties’ consent to their withdrawal by promising to limit their demands to a maximum of $50,000, which is what they received.

The court of appeals erred in so holding for the following reasons. Initially, R.C. 343.012(B) presupposes the remaining counties’ consent to the withdrawal of other counties prior to the imposition of the specified duties, which only arise [616]*616“[u]pon the withdrawal of a county from a joint district * * Therefore, the consent of the remaining counties is not considered in determining the existence of a duty to equitably divide district assets. As appellants note, consent to withdrawal is not one of the assets specified in R.C. 343.012(B) (“funds on hand, credits, and real and personal property of the district”).

Second, the equitable division of district assets must be consistent with the counties’ initial agreement to establish and maintain the district and the prior contributions of the withdrawing counties. R.C. 343.012(B).

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Cite This Page — Counsel Stack

Bluebook (online)
665 N.E.2d 202, 75 Ohio St. 3d 611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-board-of-county-commissioners-v-board-of-directors-ohio-1996.