In State ex rel. Ullmann v. Husted, 2015-Ohio-3120, the Franklin County Court of Appeals held that an individual suing for mandamus relief from the JobsOhio statute did not have standing under the public rights doctrine. The relator asked the court to not only declare the law creating JobsOhio unconstitutional, but also to direct state officeholders to take action, including requiring Secretary of State John Husted to revoke its articles of incorporation and State Auditor David Yost to audit the organization. So, this lawsuit did not have the limitations of the declaratory judgment action in ProgressOhio.org, Inc. v. JobsOhio, 139 Ohio St.3d 520, 2014 Ohio 2382, 13 N.E.3d 1101. However, the Court of Appeals found that the JobsOhio law did not raise rare and extraordinary issues that threaten serious public injury. Thus, the relator lacked standing.
See CourtNewsOhio, Tenth District: Second Attempt to Challenge JobsOhio’s Constitutionality Fails
