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· 6/16/2021

Sun Bldg. Ltd. Partnership v. Value Learning & Teaching Academy, Inc.

Citations

  • 175 N.E.3d 10
  • 2021 Ohio 2008

Syllabus

COMMUNITY SCHOOL – JURSIDICTION – STANDING – FAITHLESS SERVANT DOCTRINE – OHIO CORRUPT PRACTICES ACT – STRICT LIABILITY – VOID PUBLIC CONTRACTS: The trial court did not err in concluding that contracts with a community school's superintendent's family violated R.C. 2921.42's prohibition against public officials having a personal interest in a public contract where defendants superintendent and family failed to prove that any exception applied.The trial court did not err in concluding that the attorney general had statutory standing, under R.C. 2117.42, to sue defendants community school superintendent and her family to recover public funds. The trial court did not err in concluding that, under the faithless servant doctrine, the superintendent and her husband should forfeit their employment wages. The trial court erred in concluding that the superintendent and her husband were liable for treble damages under the Ohio Corrupt Practices Act where the illegal contracts did not constitute a pattern within the meaning of the statute. The trial court did not err in concluding that the superintendent is strictly liable for the illegal contracts with her husband and daughter where she received public funds under color of office and was responsible for the school's expenditures. The trial court did not err in concluding that the superintendent's daughter should return all income received under her illegal contracts where, on appeal, defendants provided no argument to the contrary.

Judges: Bergeron

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