State ex rel. Nguyen v. Lawson

Summary

The Ohio Supreme Court reversed the Court of Appeals’ dismissal of a quo warranto action on the ground that the appellate court erred in applying laches as a basis for a Rule 12(b)(6) motion. The Court held that the burden to prove laches lies with the party asserting the defense and that the complaint did not conclusively show laches applied. The case was remanded for further proceedings.