Arbor Health Care Co. v. Jackson

Defendant moved the court of common pleas, pursuant to Civ. R. 12(B)(6), to dismiss plaintiffs complaint seeking declaratory relief. The court granted defendant’s motion and plaintiff appeals.

Plaintiff, Arbor Health Care Company (“Arbor”), is an Ohio corporation located in Lima engaged in the planning, development and operation of long-term health care facilities in Ohio. Defendant, David L. Jackson, M.D., Ph.D., was the Director of Health and served as the Director of the State Health Planning and Development Agency (“SHPDA”) at the time this cause of action accrued.

SHPDA is the state agency…