On April 12, 2018 a
Order
was filed
involving a dispute between
and
for OTHER CIVIL
in the District Court of Franklin County.
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Apr 26 10:40 AM-18CV003043
0E127 - T5
IN THE COURT OF COMMON PLEAS
FRANKLIN COUNTY, OHIO
RENEA MURNAHAN-TURNER
Case No. 18 CV 003043
Plaintiff,
Judge Holbrook
v
STATE OF OHIO BOARD OF
PHARMACY
Defendant
MOTION TO DISMISS
This Court should dismiss this case because it lacks subject matter jurisdiction. In the
complaint, Plaintiff Murnahan-Turner' claims that when she was attempting to submit
applications to operate five medical marijuana dispensaries, the online application asked whether
she had any lawsuits. Ms. Murnahan-Turner infers that, because of this question, Defendant
Ohio Board of Pharmacy (“the Board”) would have rejected her applications. According to Ms.
Murnahan-Turner, her estimated “damage for that loss is approximately 100 million dollars. 1
dispensary will generate a minimum of 20 million dollars in a 5-year span and that is on the low
end being the minimum being fully operational. Multiply that by 5.” Complaint at {11
By asking for money damages, the Plaintiff has deprived this Court of subject matter
jurisdiction. Courts of common pleas in Ohio do not have subject matter jurisdiction when the
State of Ohio (or an agency) is being sued for money damages. See Boggs v. State, 8 Ohio St.3d
Ms. Murnahan-Turner is the CEO of Cannabis for Cures, LLC. Cannabis for Cures, LLC filed a virtually identical
lawsuit in the Clark County Court of Common Pleas in October 2017. Cannabis for Cures, LLC v. State of Ohio
Board of Pharmacy, Case No. 17 CV 612. That case was dismissed because the plaintiff — an LLC — was not
represented by an attorney. The case is currently on appeal to the 2" District under the name Renea Murnahan-
Turner v. State of Ohio Board of Pharmacy, Case No. 18 CA 0012. The 2" District has issued a show cause order
asking why the case should not be dismissed because the notice of appeal was filed by a non-attorney.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Apr 26 10:40 AM-18CV003043
0E127 - T5
15, 17 (1983) “The Court of Claims has exclusive, original jurisdiction in all civil suits for
money damages even where ancillary relief such as an injunction or declaratory judgment is
sought.” Ohio Hosp. Assn. vy. Ohio Dept. of Human Servs., 62 Ohio St.3d 97, 103 (1991). See
also Friedman v. Johnson, 18 Ohio St.3d 85, 87 (1985) (same). Ifa plaintiff seeks legal damages
against the State, the action can be brought—if at all—only in the Ohio Court of Claims, which
has exclusive, original jurisdiction over claims for money damages against the State. See R.C
2743.03(A)(1). In the event that such a lawsuit is filed in a court of common pleas, the proper
action is for the court is to dismiss for lack of subject matter jurisdiction. Boggs, 8 Ohio St.3d at
17.
The Board asks that this Court dismiss this case due to the lack of subject matter
jurisdiction
Respectfully submitted,
MICHAEL DEWINE (0009181)
Ohio Attorney General
/s HENRY APPEL
HENRY APPEL (0068479)
YVONNE TERTEL (0019033)
Principal Assistant Attorneys General
Health & Human Services Section
30 East Broad Street, 26th Floor
Columbus, Ohio 43215
Phone: (614) 466-8600
Fax (866) 441-4738
Henry.Appel@ohioattorneygeneral.gov
Yvonne. Tertel @ohioattorneygeneral.gov
Counsel for State of Ohio Board of Pharmacy
Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Apr 26 10:40 AM-18CV003043
0E127 - T5
CERTIFICATE OF SERVICE
Pursuant to Civ.R. 5, I hereby certify that a copy of the foregoing Motion to Dismiss was
served upon the following via regular U.S. Mail this 26" day of April, 2018
Renea Murnahan-Turner
42 N. Fountain Ave.
Springfield, OH 45502
Pro Se Plaintiff
/s HENRY APPEL
HENRY APPEL (0068479)
Document Filed Date
April 26, 2018
Case Filing Date
April 12, 2018
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Apr 26 10:40 AM-18CV003043 0E127 - T5 IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO RENEA MURNAHAN-TURNER Case No. 18 CV 003043 Plaintiff, Judge Holbrook v STATE OF OHIO BOARD OF PHARMACY Defendant MOTION TO DISMISS This Court should dismiss this case because it lacks subject matter jurisdiction. In the complaint, Plaintiff Murnahan-Turner' claims that when she was attempting to submit applications to operate five medical marijuana dispensaries, the online application asked whether she had any lawsuits. Ms. Murnahan-Turner infers that, because of this question, Defendant Ohio Board of Pharmacy (“the Board”) would have rejected her applications. According to Ms. Murnahan-Turner, her estimated “damage for that loss is approximately 100 million dollars. 1 dispensary will generate a minimum of 20 million dollars in a 5-year span and that is on the low end being the minimum being fully operational. Multiply that by 5.” Complaint at {11 By asking for money damages, the Plaintiff has deprived this Court of subject matter jurisdiction. Courts of common pleas in Ohio do not have subject matter jurisdiction when the State of Ohio (or an agency) is being sued for money damages. See Boggs v. State, 8 Ohio St.3d Ms. Murnahan-Turner is the CEO of Cannabis for Cures, LLC. Cannabis for Cures, LLC filed a virtually identical lawsuit in the Clark County Court of Common Pleas in October 2017. Cannabis for Cures, LLC v. State of Ohio Board of Pharmacy, Case No. 17 CV 612. That case was dismissed because the plaintiff — an LLC — was not represented by an attorney. The case is currently on appeal to the 2" District under the name Renea Murnahan- Turner v. State of Ohio Board of Pharmacy, Case No. 18 CA 0012. The 2" District has issued a show cause order asking why the case should not be dismissed because the notice of appeal was filed by a non-attorney. Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Apr 26 10:40 AM-18CV003043 0E127 - T5 15, 17 (1983) “The Court of Claims has exclusive, original jurisdiction in all civil suits for money damages even where ancillary relief such as an injunction or declaratory judgment is sought.” Ohio Hosp. Assn. vy. Ohio Dept. of Human Servs., 62 Ohio St.3d 97, 103 (1991). See also Friedman v. Johnson, 18 Ohio St.3d 85, 87 (1985) (same). Ifa plaintiff seeks legal damages against the State, the action can be brought—if at all—only in the Ohio Court of Claims, which has exclusive, original jurisdiction over claims for money damages against the State. See R.C 2743.03(A)(1). In the event that such a lawsuit is filed in a court of common pleas, the proper action is for the court is to dismiss for lack of subject matter jurisdiction. Boggs, 8 Ohio St.3d at 17. The Board asks that this Court dismiss this case due to the lack of subject matter jurisdiction Respectfully submitted, MICHAEL DEWINE (0009181) Ohio Attorney General /s HENRY APPEL HENRY APPEL (0068479) YVONNE TERTEL (0019033) Principal Assistant Attorneys General Health & Human Services Section 30 East Broad Street, 26th Floor Columbus, Ohio 43215 Phone: (614) 466-8600 Fax (866) 441-4738 Henry.Appel@ohioattorneygeneral.gov Yvonne. Tertel @ohioattorneygeneral.gov Counsel for State of Ohio Board of Pharmacy Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Apr 26 10:40 AM-18CV003043 0E127 - T5 CERTIFICATE OF SERVICE Pursuant to Civ.R. 5, I hereby certify that a copy of the foregoing Motion to Dismiss was served upon the following via regular U.S. Mail this 26" day of April, 2018 Renea Murnahan-Turner 42 N. Fountain Ave. Springfield, OH 45502 Pro Se Plaintiff /s HENRY APPEL HENRY APPEL (0068479)