Ullmo v. Ohio Turnpike & Infrastructure Commission

126 F. Supp. 3d 910, 2015 U.S. Dist. LEXIS 112446, 2015 WL 5055867
CourtDistrict Court, N.D. Ohio
DecidedAugust 25, 2015
DocketCase No. 1:15 CV 822
StatusPublished
Cited by17 cases

This text of 126 F. Supp. 3d 910 (Ullmo v. Ohio Turnpike & Infrastructure Commission) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ullmo v. Ohio Turnpike & Infrastructure Commission, 126 F. Supp. 3d 910, 2015 U.S. Dist. LEXIS 112446, 2015 WL 5055867 (N.D. Ohio 2015).

Opinion

MEMORANDUM OF OPINION AND ORDER

DAN AARON POLSTER, District Judge.

Pending before the Court is Defendant Ohio Turnpike and Infrastructure Commission’s (the “Commission”) Motion to Dismiss Plaintiff Melissa Ullmo’s Complaint. (ECF No. 7). For the following [914]*914reasons, the Motion to Dismiss is GRANTED in part, and the case is remanded to state court.

I.

The Commission is responsible for the maintenance of the Ohio Turnpike, a 241-mile long highway through northern Ohio comprising of portions of Interstates 90, 80, and 76. On January 1, 2014, the Commission increased the amount that drivers have to pay to use the Ohio Turnpike (“Turnpike”). Plaintiff alleges that the toll increase is unlawful because money from the toll increase, specifically, $930 million, will be used to fund projects that are unrelated-to the maintenance'and operation of the Ohio Turnpike. These projects include improvements on roads and “other unrelated infrastructure projects” (hereinafter referred to as “Infrastructure Projects”) (ECF No. 1, Complaint (“Comp”) at ¶ 26).

On March 20, 2015, Plaintiff filed an action in the Cuyahoga County Court of Common Pleas on behalf of herself and all other Turnpike users who have paid tolls since January 1, 2014. The Complaint alleges that the toll increase violates the Commerce Clause of the United States Constitution (Claims One and Two), the right to travel under both the United States and Ohio Constitution (Claims Four and Five, respectively) and the right to Equal Protection under both the United States and Ohio Constitution (Claim Seven). Plaintiff also alleges that it is unlawful for the Commission to retain the money from the toll increase (Claim Three) and that the toll increase is an unlawful tax or user fee under Ohio law (Claim Six).

On April 27, 2015, the Commission removed the case to federal court on the basis of federal question jurisdiction (ECF No. 1), and on June 6, 2015, it filed a Motion to Dismiss all of Plaintiffs claims pursuant to Federal Rule of Civil Procedure 12(b)(6) (ECF No. 7). On July 15, 2015, Plaintiff filed a brief opposing the Motion to Dismiss (ECF No. 10) and a Motion to Remand Claims Six and Seven of the Complaint to state court (ECF No. 11).

II.

To survive a Rule 12(b)(6) motion to dismiss, “a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.’ ” Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). A claim is plausible on its face “when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 129 S.Ct. at 1949 (citing Twombly, 550 U.S. at 556, 127 S.Ct 1955). The plausibility requirement is not a heightened pleading requirement, but “threadbare recitals of the elements of a cause of action supported by mere conclusory statements, do not suffice.” Id.

III.

1. Dormant Commerce Clause

The Commission moves to dismiss Plaintiffs Commerce Clause Claims on the ground that Plaintiff has not stated a claim under the dormant Commerce Clause.1 The dormant Commerce Clause, as explained by the Sixth Circuit in American Beverage Ass’n v. Snyder, derives [915]*915from Congress’ power to regulate interstate commerce under the Commerce Clause:

Under the Commerce Clause, Congress has the power “[t]o regulate Commerce with foreign Nations, and among the several States.... ” U.S. Const., art. I, § 8, cl. 3. “We have interpreted the Commerce Clause to invalidate local laws that impose commercial barriers or discriminate against an article of commerce by reason of its origin or destination out of State.” C & A Carbone, Inc., v. Town of Clarkstown, N.Y., 511 U.S. 383, 390, 114 S.Ct. 1677, 128 L.Ed.2d 399 (1994). However, “[t]he [Commerce] Clause has long been understood to have a ‘negative’ aspect that denies the States the power unjustifiably to discriminate against or burden the interstate flow of articles of commerce.” Or. Waste Sys., Inc. v. Dep’t of Envtl. Quality of State of Or., 511 U.S. 93, 98, 114 S.Ct. 1345, 128 L.Ed.2d 13 (1994). “The Clause, by negative implication, restricts the States’ ability to regulate interstate commerce.” Huish Detergents, Inc. v. Warren Cnty., Ky., 214 F.3d 707, 712 (6th Cir.2000). “The dormant Commerce Clause is driven by concern about ‘economic protectionism — that is, regulatory measures designed to benefit in-state economic interests by burdening out-of-state competitors.’ ” Dept. of Revenue of Ky. v. Davis, 553 U.S. 328, 337-38, 128 S.Ct. 1801, 170 L.Ed.2d 685 (2008) (quoting New Energy Co. of Ind. v. Limbach, 486 U.S. 269, 273-74, 108 S.Ct. 1803, 100 L.Ed.2d 302 (1988)).

735 F.3d 362, 369 (6th Cir.2013).

The parties contend that the Court, in determining whether Plaintiff has stated a claim under the dormant Commerce Clause, should apply the three-part test set forth by the Supreme Court in Northwest Airlines, Inc. v. County of Kent, Mich., 510 U.S. 355, 114 S.Ct. 855, 127 L.Ed.2d 183 (1994). In Northwest Airlines, the Court ruled that an airport user fee does not violate the dormant Commerce Clause “if it (1) is based on some fair approximation of the use of the facilities, (2) is not excessive in relation to the benefits conferred, and (3) does riot discriminate against interstate commerce.” Id. at 369, 114 S.Ct. 855. This three-part inquiry was adapted from the Supreme Court’s ruling upholding airport user fees in Evansville-Vanderburgh Airport Authority Dist. v. Delta Airlines, Inc., 405 U.S. 707, 92 S.Ct. 1349, 31 L.Ed.2d 620 (1972). The Court finds that this three-part inquiry applies to the facts of this case.

While Evansville and Northwest Airlines involved airport user fees, not highway tolls, the Supreme Court in Evansville began its analysis by reviewing a long line of its precedents pertaining to highway tolls. Id. at 715-16, 92 S.Ct. 1349. After discussing these eases, the Court concluded that states are permitted to impose highway tolls so long as the tolls “reflect a uniform, fair and practical standard relating to public expenditures.” Id. The Court then applied the above three-part inquiry to the airport user fee that was at issue in the case, and determined that the fee did not violate the Commerce Clause.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
126 F. Supp. 3d 910, 2015 U.S. Dist. LEXIS 112446, 2015 WL 5055867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ullmo-v-ohio-turnpike-infrastructure-commission-ohnd-2015.