Sarkies v. State, Dept. of Transporation

The threshold issue before this court is whether the instant cause should have been dismissed by the trial court, upon appellant’s motion, for lack of jurisdiction over the subject matter by virtue of R. C. 5501.22.

This statute provides, in relevant part, as follows:

“The director of transportation shall not be suable,, either as a sole defendant or jointly with other defendants,, in any court outside Franklin County except in actions brought by a railroad company under section 4957,30 of the-Revised Code, or by a property owner to prevent the taking of property without due process of law, in…