Gen. Motors, L.L.C. v. AutoSmart Chevrolet, Inc.

Citations

• 259 N.E.3d 686
• 2024 Ohio 5617

Syllabus

Common pleas court decision affirming decision of Ohio Motor Vehicle Dealers Board affirmed. Where the proposed sale of a motor vehicle dealership was contingent on approval of the buyer's plan to relocate the dealership, the franchisor-manufacturer's decision to allow the sale but deny the relocation request amounted to constructive denial of the sale. Under those circumstances, R.C. 4517.56 applied, granting the franchisee-dealer and proposed buyer a right to protest to the Board and requiring a showing of good cause for denying the sale. Because the statute expressly provides that a proposed relocation does not constitute good cause and the franchisor-manufacturer had no other grounds for constructive denial of the sale, summary judgment was properly granted in favor of franchisee-dealer and proposed buyer.