Huber v. State
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[Cite as Huber v. State, 2010-Ohio-5284.] IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT MONTGOMERY COUNTY JOHN HUBER, et al. Plaintiff-Appellant v. STATE OF OHIO, et al. Defendant-Appellees : : Appellate Case No. 23890 : : Trial Court Case No. 09-CV-06211 : : (Civil Appeal from : (Common Pleas Court) : : : ........... OPINION th Rendered on the 29 day of October, 2010. ........... JOHN HUBER, 259 Lorenz Avenue, Dayton, Ohio 45417 Attorney for Plaintiff-Appellant RICHARD CORDRAY, BY DAMION CLIFFORD, Atty. Reg. #0077777, State of Ohio Attorney General s Office, 30 East Broad Street, 25th Floor, Columbus, Ohio 43215-3428 Attorney for Defendant-Appellee, State of Ohio JOHN C. MUSTO, Atty. Reg. #0071512, Law Office of the City of Dayton, 101 West Third Street, Dayton, Ohio 45402 Attorney for Defendant-Appellee, City of Dayton ............. PER CURIAM: {¶ 1} John Huber appeals from the judgment of the Montgomery County Common Pleas Court dismissing his complaint. In two identical assignments of 2 error, Huber contends [t]he trial court committed an error of judgment by ruling that hornbook law does not conform to Civ.R. 15(B) with amendments of evidence. {¶ 2} In his initial complaint, Huber sought $100 million dollars in money damages against the State of Ohio because Ohio did not reserve the power to tax property. The State moved to dismiss the complaint and the amended complaints that followed because actions for money damages against the State lie within the exclusive jurisdiction of the Ohio Court of Claims. Huber also filed a complaint against the City of Dayton for ten million dollars for taxing him without jurisdiction to do so. He contended his federal tax conviction and the resulting federal tax liens divested the City of jurisdiction to tax him. The City did not lose jurisdiction to tax Huber because of the federal tax liens levied on his property. The trial court properly granted the City s motion to dismiss. {¶ 3} The Ohio Supreme Court has ruled the Court of Claims has exclusive original jurisdiction over claims for money damages against the State of Ohio. See Boggs v. State (1983), 8 Ohio St.3d 13. The trial court properly granted the State s motion to dismiss pursuant to Civ.R. 12(B)(6) because Huber can obtain no relief under his original or amended complaints against the State of Ohio in the Montgomery County Common Pleas Court. {¶ 4} The appellant s assignments of error are Overruled. The judgment of the trial court is Affirmed. ............. DONOVAN, P.J., BROGAN, J., and FROELICH, J., concur. 3 Copies mailed to: John Huber Richard Cordray Damion M. Clifford John Musto Hon. Timothy N. O Connell
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