Rumpke Sanitary Landfill, Inc. v. State of Ohio; Colerain Township et al.

Summary

The Ohio Supreme Court held that a township is not a necessary party to a declaratory-judgment action challenging legislation under the one-subject rule of the Ohio Constitution. The court concluded that such a challenge concerns the General Assembly’s authority to enact the bill, rather than the underlying statutory provisions, and that Colerain Township had no legally protectable interest in that authority. The court affirmed the denial of Colerain’s motions to intervene and the state’s motion to dismiss for failure to join the township.

Holdings

1. A constitutional challenge to a General Assembly enactment based on violation of the one-subject rule challenges the General Assembly's authority to enact the bill, not the underlying statutory provisions contained in the bill.
2. A township is not a necessary party to a constitutional challenge to a General Assembly enactment based on violation of the one-subject rule of the Ohio Constitution.
3. Colerain was not entitled to intervene as of right because it had no legal interest in Rumpke's one-subject-rule challenge.

Questions Presented

1. Whether a township is a necessary party under R.C. 2721.12 and Civ.R. 19(A) to a declaratory-judgment action challenging a General Assembly enactment as violating the Ohio Constitution's one-subject rule.
2. Whether Colerain Township was entitled to intervene as of right under Civ.R. 24(A).

Disposition

affirmed