Collins v. State

Citations

• 2025 Ohio 4347

Syllabus

Judgment affirmed. The trial court properly granted the state's Civ.R. 12(B)(6) motion to dismiss plaintiffs' amended complaint for lack of standing. Plaintiffs' amended complaint asked the trial court to issue a declaratory judgment finding certain provisions of 2023 H.B. 33 unconstitutional. The challenged provisions of H.B. 33 took the authority to oversee education governance in Ohio away from the constitutionally mandated state board of education and provided it to the newly created position of director of education and workforce, a position appointed by the Governor. Plaintiffs, who were parents of public-school children and the board of education for a public school district, alleged H.B. 33 harmed them by causing them to lose the following: advocates who were once their best chance of affecting education policy in the state, representatives who could answer their questions, and access to public meetings of the body setting educational standards in the state. However, plaintiffs' allegations of harm presented only generalized grievances and/or hypothetical injuries. The trial court's additional statements finding plaintiffs failed to state a claim for relief in Count 3 of their amended complaint were dicta.