On April 12, 2018 a
Answer
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 Jun 13 12:31 PM-18CV003043
0E191 - R2
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
ANSWER
Defendant State of Ohio Board of Pharmacy (“the Board”) denies each and every
allegation made by Plaintiff Renea Murnahan-Turer unless specifically admitted.
Introductory Paragraphs
The first two paragraph of the complaint appear to be legal argument. To the extent that
any factual allegations are made, the Board denies them.
Numbered Paragraphs
1 The Board denies all allegations in this paragraph.
The Board admits that it accepted applications to operate provisional dispensaries from
entities that are owned outside of Ohio. The Board expressly denies that this was
unlawful The Board denies all other allegations in this paragraph. The reference to
“Page 24 line item number 5” is referring to a provision codified as R.C. 3796.09(B)(5)
and applies — on its face — only to the Department of Commerce.
The Board denies that it discriminated against women. The Board denies the remainder
of the paragraph. The reference to “Page 24 Section 6) subsection C” is referring to a
provision of HB 523 that is codified as R.C. 3796.09(C) and applies — on its face -- only
to the Department of Commerce.
The Board denies the allegations in this paragraph. The reference to “Page 24 section 6
subsection C” is referring to a provision of HB 523 that is codified as R.C. 3796.09(C)
and applies — on its face -- only to the Department of Commerce.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043
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The Board specifically denies that an applicant must show Ohio residence for five
consecutive years to qualify as “economically disadvantaged.” The Board admits that it
has received applications from entities that do not purport to qualify as being
economically disadvantaged. The Board denies the remainder of this paragraph
The Board admits that R.C. 3796.01(B) establishes that, for the purposes of R.C. Chapter
3796, medical marijuana is deemed to be a schedule II controlled substance. The Board
denies the remainder of this paragraph.
The Board denies this paragraph.
The Board denies this paragraph
The Board expressly denies that it has discriminated against Ohioans or against
“Economically Disadvantaged Minorities.” The Board denies for want of knowledge the
remainder of this paragraph.
10. The Board specifically denies that it used the scoring system described in this paragraph.
Exhibit L is, on its face, directed to the Department of Commerce and does not purport to
describe any actions by the Board. The Board denies the remainder of this paragraph.
11 The Board denies this paragraph. The Board expressly denies that it would have denied
any application on the basis that an applicant had previously sought an injunction against
the Board.
Unnumbered Paragraphs
The Board denies for want of knowledge the actions of the Ohio Department of
Commerce. The Board denies the remainder of the paragraph that begins on page 3 and
continues on to page 4.
The Board denies the allegations made in the paragraph on page 4 that begins “All of the
»
out-of-state applicants
The Board denies the allegations made in the paragraph that begins on page 4 and begins
with “Reference House Bill 523 page 16.”
The Board denies the allegations made in the paragraph on page 5 that begins “SILVER
LINING.” The Board specifically denies that Plaintiff Renea Murnahan-Turner was a party to
any “injunctions” or “lawsuits” in Clark County Court of Common Pleas; the Board admits that
an LLC owned by Plaintiff Murnahan-Turner did file a lawsuit in the Clark County Court of
Common Pleas, that case was dismissed and is currently pending before the Second Appellate
District.
The Board denies the allegations made in the paragraph on page 5 that begins “OHIO
RECENT HISTORY.”
Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043
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The Board denies for want of knowledge the allegations made in the paragraph on pages
5 and 6 that begins “I went to the State House for my Community...”
The Board denies the allegations made in the paragraph on page 6 that begins “Summary
I filed Injunction . . .”- The Board denies that Plaintiff Renea Murnahan-Turner was a party to
case number 17 CV 610 in the Clark County Court of Common Pleas; the Board admits that an
LLC owned by Plaintiff Murnhan-Turner was a party. The Board specifically denies that the
Board was a party to Case No. 17 CV 610. The Board denies the remainder of this paragraph
The Board denies for want of knowledge the paragraph on page 6 that beings “I feel
”
strongly
Affirmative Defenses
Plaintiff lacks standing
Plaintiff has failed to exhaust administrative remedies.
Plaintiff's claims are not ripe.
Plaintiffs claims are barred by the doctrine of laches.
Plaintiff's claims are barred by res judicata.
Plaintiff’ s claims are barred by the doctrine of unclean hands
This court lacks subject matter jurisdiction over this case.
Plaintiff has failed to state a claim that entitles her to relief.
Plaintiff has failed to include all necessary parties.
Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043
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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
CERTIFICATE OF SERVICE
Pursuant to Civ.R. 5, I hereby certify that a copy of the foregoing Answer was served
upon the following via regular U.S. Mail this 13" day of June, 2018:
Renea Murnahan-Turner
42 N. Fountain Ave.
Springfield, OH 45502
Pro Se Plaintiff
/s HENRY APPEL
HENRY APPEL (0068479)
Document Filed Date
June 13, 2018
Case Filing Date
April 12, 2018
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Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043 0E191 - R2 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 ANSWER Defendant State of Ohio Board of Pharmacy (“the Board”) denies each and every allegation made by Plaintiff Renea Murnahan-Turer unless specifically admitted. Introductory Paragraphs The first two paragraph of the complaint appear to be legal argument. To the extent that any factual allegations are made, the Board denies them. Numbered Paragraphs 1 The Board denies all allegations in this paragraph. The Board admits that it accepted applications to operate provisional dispensaries from entities that are owned outside of Ohio. The Board expressly denies that this was unlawful The Board denies all other allegations in this paragraph. The reference to “Page 24 line item number 5” is referring to a provision codified as R.C. 3796.09(B)(5) and applies — on its face — only to the Department of Commerce. The Board denies that it discriminated against women. The Board denies the remainder of the paragraph. The reference to “Page 24 Section 6) subsection C” is referring to a provision of HB 523 that is codified as R.C. 3796.09(C) and applies — on its face -- only to the Department of Commerce. The Board denies the allegations in this paragraph. The reference to “Page 24 section 6 subsection C” is referring to a provision of HB 523 that is codified as R.C. 3796.09(C) and applies — on its face -- only to the Department of Commerce. Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043 0E191 - R2 The Board specifically denies that an applicant must show Ohio residence for five consecutive years to qualify as “economically disadvantaged.” The Board admits that it has received applications from entities that do not purport to qualify as being economically disadvantaged. The Board denies the remainder of this paragraph The Board admits that R.C. 3796.01(B) establishes that, for the purposes of R.C. Chapter 3796, medical marijuana is deemed to be a schedule II controlled substance. The Board denies the remainder of this paragraph. The Board denies this paragraph. The Board denies this paragraph The Board expressly denies that it has discriminated against Ohioans or against “Economically Disadvantaged Minorities.” The Board denies for want of knowledge the remainder of this paragraph. 10. The Board specifically denies that it used the scoring system described in this paragraph. Exhibit L is, on its face, directed to the Department of Commerce and does not purport to describe any actions by the Board. The Board denies the remainder of this paragraph. 11 The Board denies this paragraph. The Board expressly denies that it would have denied any application on the basis that an applicant had previously sought an injunction against the Board. Unnumbered Paragraphs The Board denies for want of knowledge the actions of the Ohio Department of Commerce. The Board denies the remainder of the paragraph that begins on page 3 and continues on to page 4. The Board denies the allegations made in the paragraph on page 4 that begins “All of the » out-of-state applicants The Board denies the allegations made in the paragraph that begins on page 4 and begins with “Reference House Bill 523 page 16.” The Board denies the allegations made in the paragraph on page 5 that begins “SILVER LINING.” The Board specifically denies that Plaintiff Renea Murnahan-Turner was a party to any “injunctions” or “lawsuits” in Clark County Court of Common Pleas; the Board admits that an LLC owned by Plaintiff Murnahan-Turner did file a lawsuit in the Clark County Court of Common Pleas, that case was dismissed and is currently pending before the Second Appellate District. The Board denies the allegations made in the paragraph on page 5 that begins “OHIO RECENT HISTORY.” Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043 0E191 - R2 The Board denies for want of knowledge the allegations made in the paragraph on pages 5 and 6 that begins “I went to the State House for my Community...” The Board denies the allegations made in the paragraph on page 6 that begins “Summary I filed Injunction . . .”- The Board denies that Plaintiff Renea Murnahan-Turner was a party to case number 17 CV 610 in the Clark County Court of Common Pleas; the Board admits that an LLC owned by Plaintiff Murnhan-Turner was a party. The Board specifically denies that the Board was a party to Case No. 17 CV 610. The Board denies the remainder of this paragraph The Board denies for want of knowledge the paragraph on page 6 that beings “I feel ” strongly Affirmative Defenses Plaintiff lacks standing Plaintiff has failed to exhaust administrative remedies. Plaintiff's claims are not ripe. Plaintiffs claims are barred by the doctrine of laches. Plaintiff's claims are barred by res judicata. Plaintiff’ s claims are barred by the doctrine of unclean hands This court lacks subject matter jurisdiction over this case. Plaintiff has failed to state a claim that entitles her to relief. Plaintiff has failed to include all necessary parties. Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jun 13 12:31 PM-18CV003043 0E191 - R2 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 CERTIFICATE OF SERVICE Pursuant to Civ.R. 5, I hereby certify that a copy of the foregoing Answer was served upon the following via regular U.S. Mail this 13" day of June, 2018: Renea Murnahan-Turner 42 N. Fountain Ave. Springfield, OH 45502 Pro Se Plaintiff /s HENRY APPEL HENRY APPEL (0068479)