State ex rel. Fred Stecker Lincoln-Mercury, Inc. v. Ohio Motor Vehicle Dealers Board

I concur in today’s result, but deem it appropriate to add the following observations concerning an issue raised in this action but not fully addressed in the majority opinion.

In support of its complaint, relator alleges misconduct, bias, prejudice and possibly a financial stake in the outcome by one of the members of the dealer’s board (David Mainwaring) who cast a vote against franchisor Ford’s proposal.6

Relator contends that Ford may be barred from raising the issue of Mainwaring’s prejudice in its R.C. Chapter 119 appeal as it involves facts and assertions outside the record. Relator…