Status of the Case - OH Manna Storehouse
May 13, 2008 - The Fund has joined the Buckeye Institute in filing a civil complaint against the Ohio Department of Agriculture and the Lorain County Health Department. The original complaint brought violations under the Ohio and United States Constitutions and the defendants exercised their option to have the case removed to the federal court system, specifically, the United States District Court for the Northern District of Ohio, claiming that the case presented “federal” claims. The Fund, in conjunction with the Buckeye Institute, have moved the federal District Court to amend its complaint to remove all references to the United States Constitution and have the case remanded back to the State court in Lorain County. Those motions remain pending with the federal District Court.
The Fund expects a ruling on its motions to amend and to remand sometime in the next month and if granted, the case will be remanded back to the Lorain County Court of Common Please. The Fund expects that if the case is remanded back to State court that a trial on the merits will be held within a year from the remand. -- D. Gary Cox, General Counsel, FTCLDF