Sutter O’Connell Obtains Dismissal of Taxpayer Action

Posted on August 4th, 2020 by Matthew C. O’ConnellMatthew O'Connell

The Ninth District Court of Appeals has affirmed the Medina County Court of Common Pleas’ dismissal of a taxpayer action where the taxpayer argued that the filing fee was the statutorily required security for a taxpayer action.  The taxpayer had challenged the Medina County Solid Waste Management District’s award of a construction and services contract to Rumpke of Ohio, one of the taxpayer’s competitors.

The Court of Appeals held that the taxpayer should have filed a motion with the trial court to set the amount of security when the suit was filed instead of arguing that the filing fee satisfied R.C. 309.13’s required security for a taxpayer action.  Relying on case law interpreting statutes for both county and municipal taxpayer actions, the Court of Appeals arrived at the same conclusion as the trial court that the taxpayer’s suit should be dismissed.

Shareholder Rob Cahill, representing Rumpke of Ohio in conjunction with counsel for the County, prepared the successful Motion for Judgment on the Pleadings in the trial court and Appellees’ Brief in the Court of Appeals.  A copy of the Court of Appeal’s opinion can be found here.