SANTOS v. OHIO BUR. OF WORKERS' COMP.

No. 2002-1314.

101 Ohio St.3d 74 (2004)

2004-Ohio-28

SANTOS ET AL., APPELLANTS, v. OHIO BUREAU OF WORKERS' COMPENSATION, APPELLEE.

Supreme Court of Ohio.

Decided January 21, 2004.


Attorney(s) appearing for the Case

Bashein & Bashein Co., L.P.A., and W. Craig Bashein; Paul W. Flowers Co., L.P.A., and Paul W. Flowers; Dworken & Bernstein Co., L.P.A., Patrick T. Murphy and Patrick J. Perotti; Dyer, Garofalo, Mann & Schultz, Ronald J. Maurer, John Smalley and Carmine Garofalo, for appellants.

Jim Petro, Attorney General, Elizabeth T. Smith, Chief Counsel, James A. Barnes and Peggy W. Corn, Assistant Attorneys General, for appellee.

Geoffrey E. Webster, urging reversal for amicus curiae Ohio Academy of Nursing Homes, Inc.


O'CONNOR, J.

{¶ 1} We are asked to decide whether a suit seeking the return of funds wrongfully collected or held by the state may be properly heard in courts of common pleas, or whether, because that remedy includes the payment of money, the Court of Claims has exclusive jurisdiction. For the reasons stated below, we hold that courts of common pleas do have jurisdiction, and accordingly, we reverse the judgment of the court of appeals.

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