State ex rel. Taft v. Court of Common Pleas

586 N.E.2d 114, 63 Ohio St. 3d 190, 1992 Ohio LEXIS 279
CourtOhio Supreme Court
DecidedMarch 11, 1992
DocketNo. 91-1240
StatusPublished
Cited by21 cases

This text of 586 N.E.2d 114 (State ex rel. Taft v. Court of Common Pleas) 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. Taft v. Court of Common Pleas, 586 N.E.2d 114, 63 Ohio St. 3d 190, 1992 Ohio LEXIS 279 (Ohio 1992).

Opinions

Per Curiam.

For the following reasons, we deny the writ.

I

Supplemental Complaint

Civ.R. 15(E) states:

“Supplemental pleadings. Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit him to serve a supplemental pleading setting forth transactions or occurrences or events which have happened since the date of the pleading sought to be supplemented. Permission may be granted even though the original pleading is defective in its statement of a claim for relief or defense. If the court deems it advisable that the adverse party plead to the supplemental pleading, it shall so order, specifying the time therefor.”

Relators’ supplemental complaint adds the allegation that respondent judge announced his decision in the underlying action on July 11, 1991, after the filing of the original complaint in this case on June 19, 1991. This is relevant, though not determinative. Although respondents oppose the supplemental complaint, their motion for judgment on the pleadings is based on the fact that respondent judge has entered his decision. Moreover, the fact of the decision is acknowledged in the agreed statement of facts.

Respondents have also filed an answer to the supplemental complaint. Taking into account all these facts, we grant the motion to supplement the complaint, finding this just and reasonable, as required by Civ.R. 15(E).

II

Motion to Strike

Respondents have moved to strike additional evidence submitted by relators. The additional evidence involves matters that have taken place before the Ohio Elections Commission. Respondents assert that these matters are irrelevant to the question of whether respondent judge had authority to proceed with the declaratory judgment action in the common pleas court. The evidence is not totally irrelevant to setting the factual background to this case, but the exhibits are not properly authenticated under Evid.R. 902(4), which requires copies of public documents to be “certified as correct by the [193]*193custodian or other person authorized to make the certification.” The exhibits herein are not certified. Accordingly, respondents’ motion to strike is well taken and it is hereby granted. See Seringetti Constr. Co. v. Cincinnati (1988), 51 Ohio App.3d 1, 553 N.E.2d 1371.

Ill

Motions for Judgment on the Pleadings

Relators argue that whenever a special statutory proceeding would be bypassed, a court lacks jurisdiction to hear an action for declaratory judgment. They cite State, ex rel. Iris Sales Co., v. Voinovich (1975), 43 Ohio App.2d 18, 72 O.O.2d 162, 332 N.E.2d 79; Arbor Health Care Co. v. Jackson (1987), 39 Ohio App.3d 183, 530 N.E.2d 928; and State, ex rel. Albright, v. Delaware Cty. Court of Common Pleas (1991), 60 Ohio St.3d 40, 572 N.E.2d 1387.

Iris involved a class action in which a group of taxpayers sought a declaration that county officers had created a discriminatory real-property-tax classification. Affirming dismissals by the trial court, the court of appeals held that although a declaratory judgment may be obtained even when another adequate remedy exists, “where a special statutory method for the determination of a particular type of case has been provided, it is not proper to by-pass this statutory procedure by means of a declaratory judgment action. * * * ” (Citations omitted.) Iris, supra, 43 Ohio App.2d at 19, 72 O.O.2d at 163, 332 N.E.2d at 80-81.

The Iris court stated that if that declaratory judgment action were to go forward, it would bypass a statutory adjudication procedure for hearing valuation complaints before the county board of revision, with appeal to the Board of Tax Appeals.

Arbor also held that when an adjudicatory hearing would be bypassed, a declaratory judgment could not be had:

“A declaratory judgment is a remedy in addition to other legal and equitable remedies and is to be granted where the court finds that speedy relief is necessary to the preservation of rights which might otherwise be impaired. Where, however, a specialized statutory remedy is available in the form of an adjudicatory hearing, a suit seeking declaration of rights which would bypass, rather than supplement, the legislative scheme ordinarily should not be allowed.” Arbor, supra, at paragraph two of the syllabus.

Albright is similar. There, we held that annexation procedure was a special statutory proceeding that could not be bypassed by declaratory judgment. We also stated that the statutes conferred exclusive jurisdiction of the [194]*194proceedings on the board of county commissioners of the county where the proposed annexation would take place, or on the county where more of the qualified voters reside. The case held for the first time, however, that prohibition would lie to prevent a declaratory judgment action in this context.

Accordingly, we must inquire whether relators have special statutory jurisdiction over the election matters that precludes respondent judge from hearing the issues raised in the declaratory judgment action.

As stated in its motion for summary judgment in the underlying action, OFRI asked respondents to declare that:

“1) Advocating any view concerning the reapportionment and redistricting of Ohio’s state and congressional legislative Districts is a subject matter outside the domain of the R.C. 3599.03 prohibition against corporate contributions. Such advocacy is not partisan political activity under Ohio’s election laws since it does not exhort the election of any identified candidate over his/her opponent (i.e., it is not express advocacy); and

“2) Advocating any view concerning the reapportionment and redistricting of Ohio’s state and congressional legislative districts could not constitute direct or indirect influence of an election or support of a political party under Ohio’s political action committee (‘PAC’) laws since such advocacy does not exhort the election of any identified candidate over his/her opponent (i.e., it is not express advocacy).

“3) If R.C. 3599.03 and the Ohio PAG laws apply to corporations or other groups (TAGS’) advocating a view on reapportionment and redistricting, the statutes are unconstitutionally vague and overbroad since they do not put people of ordinary intelligence on notice that advocating a view on reapportionment or redistricting is a crime;

“4) If R.C. 3599.03 and Ohio’s PAC laws apply to corporations or other groups (PACS) advocating a view on reapportionment and redistricting, the statutes impermissibly burden First Amendment rights of speech and association and the right to petition the government.”

Respondent judge granted the motion for summary judgment, stating:

“ * * * [T]he Court declares that Plaintiff’s corporate activities are beyond the scope of 3599.03 R.C. and related sections of Chapter [sic] 35 of the Revised Code.”

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Bluebook (online)
586 N.E.2d 114, 63 Ohio St. 3d 190, 1992 Ohio LEXIS 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-taft-v-court-of-common-pleas-ohio-1992.