I I L IN THE SUPREME COURT OF OHIO STATE OF OHIO, ex rel. ^ ^ ® ^ ^ ^ ^ JOBSOHIO 41 South High Street, Suite 1500 Case No. Columbus, Ohio 43215, Relator, ORIGINAL ACTION IN MANDAMUS V. COMPLAINT DAVID GOODMAN, DIRECTOR, OHIO DEPARTMENT OF COMMERCE 77 South High Street, 23rd Floor Columbus, Ohio 43215-6123 Respondent. Aneca E. Lasley (0072366), Counsel of Record Gregory W. Stype (0020557) SQUIRE SANDERS (US) LLP 2000 Huntington Center 41 South High Street Columbus, Ohio 43215 Tel: (614) 365-2830 Fax: (614) 365-2499
[email protected] greg.
[email protected] Douglas R. Cole (0070665) ORGAN COLE + STOCK LLP 1335 Dublin Road, Suite 104D Columbus, OH 43215 Tel: (614) 481-0902
[email protected] Attorneys for Relator JobsOhio I M00 10 td9Z CLERK OF COURT SUPREME COURT OF OHIO IN THE SUPREME COURT OF OIIIO STATE OF OHIO, ex rel. JOBSOHIO 41 South High Street, Suite 1500 Case No. Columbus, Ohio 43215, Relator, ORIGINAL ACTION IN MANDAMUS V. COMPLAINT DAVID GOODMAN, DIRECTOR, OIHO DEPARTMENT OF COMMERCE 77 South High Street, 23rd Floor Columbus, Ohio 43215-6123 Respondent. INTRODUCTION 1. This action concerns Am. Sub. H.B. 1'(129th General Assembly), Am. Sub. H.B. 153 (129th General Assembly) (collectively, including R.C. Chapter 187, the "JobsOhio Act"), and R.C. Chapter 4313 (the "Transfer Act," and, with the JobsOhio Act, the "Legislation"). 2. As detailed below, the JobsOhio Act authorizes the creation of a nonprofit entity (JobsOhio) for the public purpose of promoting job creation and economic development in the State of Ohio. The Transfer Act creates a mechanism to fund the activities of JobsOhio, whereby the State may enter into an agreement (the "Franchise and Transfer Agreement") to grant to JobsOhio (or its nonprofit affiliate) a franchise on the merchandising and sale of spirituous liquor in the State (the "Liquor Enterprise") in exchange for valuable consideration in the form of a negotiated transfer price.