State ex rel. East Cleveland Fire Fighters' Ass'n, Local 500 v. Jenkins

Summary

The Ohio Supreme Court affirmed the denial of a quo warranto writ sought by the East Cleveland Fire Fighters’ Association to remove Bobby Jenkins from the office of fire chief. The court held that the association lacked standing because it did not claim title to the office and further held that the action was barred by the three-year statute of limitations. The court also rejected or found waived the association’s alternative standing arguments.

Holdings

1. A private association or individual may bring a quo warranto action only if it personally claims title to the public office at issue; because the association could not hold and did not claim title to the office of fire chief, it lacked standing.
2. General federal standing principles and a judicially created public-policy exception could not override Ohio's statutory limitations on who may bring a quo warranto action.
3. The action was barred by Ohio Revised Code section 2733.35 because it was not brought within three years after the alleged right to hold the office arose.

Questions Presented

1. Whether the firefighters' association had standing under Ohio's quo warranto statutes to seek Jenkins's ouster from the office of fire chief.
2. Whether the association could rely on a general public-policy or federal standing theory to establish quo warranto standing despite the statutory requirements.
3. Whether the quo warranto action was barred by Ohio's three-year statute of limitations.

Disposition

affirmed