Miller Transp., Inc. v. Hocking Athens Perry Community Action

Citations

• 2024 Ohio 1017

Syllabus

The trial court did not err in finding that Miller failed to plead a claim for declaratory relief. The allegations in the Amended Complaint clearly show that Miller is not a party to the Federal Transit Administration (\FTA\) Master Agreement therefore, he cannot bring claims pursuant to it, whether they be direct claims or claims via declaratory judgment. Furthermore, Miller has cited to no authority supporting its right to bring a private cause of action under the FTA Master Agreement. Neither did the trial court err in finding that Hocking Athens Perry Community Action, as Project Administrator (\HAPCAP\) did not breach the Contract and in dismissing Miller's claim for breach of the Procurement Regulations. The Contract clearly and unambiguously provides that HAPCAP has the sole and exclusive option to extend the Contract and has the right to reject any pricing quoted for additional periods. It further clearly does not require HAPCAP to issue a second Request for Proposal (\RFP\), and neither does the Procurement Regulations. Finally, the trial court did not base its dismissal of Miller's Amended Complaint for failure to join a necessary party but instead pointed out that it had warned Miller to join Barons yet Miller had failed to do so. Judgment affirmed.