Columbus, OH – The Buckeye Institute has filed an amicus brief with the Ohio Supreme Court concerning the case Cincinnati ex rel. Miller v. Cincinnati. The institute argues that Ohio law permits citizens to initiate legal actions on behalf of the government to address corporate power abuses when the government fails to act.
David C. Tryon, director of litigation at The Buckeye Institute, stated, “Whatever one thinks about the merits of this case, it does not negate the fact that Mr. Miller has standing to bring the case under Ohio law.” He further commented on judicial practices by saying, “Courts have limited the power of taxpayers to file these types of cases by imposing judicially created requirements. The Ohio Supreme Court should reject these unwarranted requirements and rein in this overreach.”
The brief submitted by The Buckeye Institute outlines that taxpayer actions have been recognized in Ohio since shortly after the ratification of the 1851 Constitution. It points out that the Ohio General Assembly has consistently refrained from adding extra requirements for taxpayers filing lawsuits on behalf of the government when local authorities, such as Cincinnati’s law director in this instance, decline to take action.
The Buckeye Institute contends that a lower court exceeded its authority by placing additional standing requirements on Mr. Miller.
