Document for RENEA MURNAHAN-TURNER Vs OHIO STATE BOARD PHARMACY VS.OHIO STATE BOARD PHARMACY

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                                Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 May 30 3:18 PM-18CV003043
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                            IN THE FRANKLIN COUNTY, OHIO COURT OF COMMON PLEAS
                                                CIVIL DIVISION

            RENEA MURNAHAN-TURNER

                              Plaintiff,                         Case No. 18CVH04-3043

                      Vv.                                        JUDGE HOLBROOK

            STATE OF OHIO,
            BOARD OF PHARMACY

                              Defendant.

                                DECISION DENYING DEFENDANT’S MOTION TO DISMISS
                                                (FILED APRIL 26, 2018)

                      This matter is before the Court on Defendant State of Ohio, Board of Pharmacy’s

            (“Board”) motion to dismiss. As grounds in support of its motion, the Board argues that

            this Court lacks subject matter jurisdiction pursuant to R.C. 2743.03(A)(4) over Plaintiff

            Renea Murnahan-Turner’s (“Plaintiff”) claim for damages.           Plaintiff, though untimely,

            responded to the motion to dismiss asserting that her complaint does not bring a claim

            for damages; rather, it is only injunctive relief from the Court that she is seeking.      The

            motion is fully briefed and ripe for this Court’s consideration.

                      Plaintiff brings this action against the Board, a state agency. Her claim stems from

            the authority granted to the Board by the State legislature to issue medical marijuana

            dispensary licenses.

                      As correctly stated by the Board, claims against state agencies, like the Board, in

            which monetary damages are sought are within the exclusive jurisdiction of the Court of

            Claims. R.C. 2743.03(A). Such jurisdiction extends to actions for “declaratory judgment,

            injunctive relief, or other equitable relief against the state that arise[] out of the same

            circumstances that gave rise to the civil action [for damages]... .” R.C. 4723.03(A)(2).
Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 May 30 3:18 PM-18CV003043
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            However, these provisions “shall not be construed as affecting, the original jurisdiction of

            another court of this state to hear and determine a civil action in which the sole relief that

            the claimant seeks against the state is a declaratory judgment, injunctive relief, or other

            equitable relief.” Id.

                      Here, while somewhat difficult to decipher how the facts plead in the Complaint

            form the basis of a claim or the Plaintiffs standing to bring such a claim, it is clear from

            Plaintiffs complaint that her sole demand for relief is that of an injunction. Accordingly,

            the Court finds that it has subject matter jurisdiction over Plaintiffs claim for an

            injunction.

                      Based on the forgoing, the Board’s motion is DENIED.

                      IT IS SO ORDERED.

            Electronic notification to counsel of record and plaintiff, pro se.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 May 30 3:18 PM-18CV003043
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                                                  Franklin County Court of Common             Pleas


                   Date:                      05-30-2018

                   Case Title:                RENEA MURNAHAN-TURNER                    -VS- OHIO STATE BOARD
                                              PHARMACY
                   Case Number:               18CV003043

                   Type:                      DECISION



                                                                       It Is So Ordered.




                                                                       /s/   Judge Michael J. Holbrook



                  Electronically signed on 2018-May-30   page 3 of 3
Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 May 30 3:18 PM-18CV003043
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                                        Court Disposition


                        Case Number:     18CV003043

                        Case Style: RENEA MURNAHAN-TURNER -VS- OHIO STATE
                        BOARD PHARMACY


                        Motion Tie Off Information:
                        1. Motion CMS Document Id: 18CV003043201 8-04-2699960000
                           Document Title: 04-26-2018-MOTION TO DISMISS -
                        DEFENDANT: OHIO STATE BOARD PHARMACY
                           Disposition: MOTION DENIED