Association of Cleveland Fire Fighters, Local 93 v. City of Cleveland

{¶ 21} I respectfully dissent from the majority opinion which reverses and dismisses this matter. I disagree with the majority’s interpretation of the complaint as stating a cause of action within the exclusive jurisdiction of SERB and the majority’s determination to dismiss the taxpayer’s action on its finding that the plaintiffs failed to sufficiently establish a “public benefit,” although the jury found otherwise.

{¶ 22} The Ohio Supreme Court has delineated only two distinct areas in which SERB possesses exclusive jurisdiction, the first being “where one of the parties files charges with…