On April 12, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
and
for OTHER CIVIL
in the District Court of Franklin County.
Preview
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
Document Filed Date
May 30, 2018
Case Filing Date
April 12, 2018
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