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In Brief, The Buckeye Institute Calls on Ohio Supreme Court to Rein in Lower Court Overreach

Jun 09, 2025

Columbus, OH – On Monday, The Buckeye Institute filed an amicus brief with the Ohio Supreme Court in Cincinnati ex rel. Miller v. Cincinnati, arguing that Ohio law allows citizens to bring cases on behalf of the government when they feel it is necessary to prevent an abuse of corporate power that the government refuses to address itself.

“Whatever one thinks about the merits of this case, it does not negate the fact that Mr. Miller has standing to bring the case under Ohio law,” said David C. Tryon, director of litigation at The Buckeye Institute. “Courts have limited the power of taxpayers to file these types of cases by imposing judicially created requirements. The Ohio Supreme Court should reject these unwarranted requirements and rein in this overreach.”

In its brief, The Buckeye Institute explains that taxpayer actions were statutorily recognized in Ohio shortly after ratification of the 1851 Constitution. Since then, the Ohio General Assembly has consistently chosen not to impose additional requirements on taxpayers who file lawsuits on behalf of the government when, in this case, Cincinnati’s law director refused to do so. The Buckeye Institute argues that the lower court overstepped its authority by imposing additional standing requirements on Mr. Miller.

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