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A RESOLUTION AUTHORIZING THE GAHANNA CITY ATTORNEY TO JOIN AN AMICUS BRIEF IN SUPPORT OF THE CITY OF CINCINNATI IN A CASE PENDING BEFORE THE OHIO SUPREME COURT CONCERNING TAXPAYER STANDING
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WHEREAS, the Ohio Supreme Court has accepted for review City of Cincinnati, ex rel. Mark Miller v. City of Cincinnati et al., a case from the First District Court of Appeals involving the standing necessary to bring forward a taxpayer litigation action pursuant to R.C. 733.59; and
WHEREAS, the City Solicitor declined to bring suit, opining that the action was legislative in nature, and the Plaintiff thereafter filed suit individually on behalf of the city; and
WHEREAS, the Ohio Supreme Court’s decision in this case may impact municipalities statewide by potentially expanding taxpayer standing to include any taxpayer who disagrees with a policy decision, even in the absence of a personal injury or specific public right affected; and
WHEREAS, a coalition of Ohio municipalities, and organizations such as the Ohio Municipal Attorneys Association (OMAA), have expressed concern and are supporting the City of Columbus’s effort to file an amicus curiae brief in support of the City of Cincinnati; and
WHEREAS, the City of Gahanna maintains that the existing legal standards for taxpayer litigation would not impair or diminish citizens’ rights to challenge ordinances enacted by Council pursuant to R.C 733.59 or by referendum;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GAHANNA, COUNTY OF FRANKLIN, STATE OF OHIO, THAT:
Section 1. Council hereby authorizes the City Attorney to join and sign onto an amicus curiae brief in support of the City of Cincinnati in the taxpayer standing case pending before the Ohio Supreme Court.
Section 2. Council affirms its commitment to sound legal standards for standing in taxpayer litigation and supports the position that generalized disagreement with legislative action, without specific injury or impact on a public right, should not be sufficient to establish standing under Ohio law.
Section 3. This Resolution shall take effect and be in force from and after the earliest period allowed by law.