Ohio Supreme Courtroom guidelines in opposition to refunds for Cedar Honest cross holders for shortened 2020 season

A unanimous Ohio Supreme Court ruling mentioned Cedar Level didn’t violate the phrases that season cross holders agreed to when the park needed to shutdown in 2020 due to COVID-19. The ruling means the cross holders can’t sue for refunds over the 2 months the park wasn’t open.

Ohio’s largest amusement parks, Cedar Level and Kings Island, are each owned by Cedar Honest. The state’s COVID-19 lockdown prevented the parks from opening on schedule in Could 2020, although season passes had been bought.

David Hudson, Cedar Honest lawyer, told the justices in May that season cross holders agree that the parks’ dates and hours of operation can change with out discover and that there aren’t any refunds. Hudson added that the park did open in July.

“We had a season. Folks disagree as as to if or not it was lengthy sufficient or whether or not it ought to have had extra days. However we had a season. So there was consideration in that transaction,” Hudson mentioned.

Throughout these oral arguments in Could, Nicole Fiorelli, representing the season cross holders, mentioned the phrase “season” is unfairly ambiguous, and it doesn’t matter whether or not the park or the state ordered the delay.

“Breach of contract doesn’t have a look at whose fault it was or whether or not there was good religion. The actual fact is, she contracted for these two months, and he or she was not offered these two months,” Fiorelli mentioned, talking on behalf of Laura Valentine who filed the category motion lawsuit.

Fiorelli mentioned since their passes assured entry in 2020, giving passes for 2021 isn’t a treatment, and that the decision is refunds.

Justice Sharon Kennedy wrote for the unanimous courtroom that Valentine, didn’t have a legitimate declare of breach of contract or unjust enrichment in opposition to Cedar Honest.

Within the ruling, Kennedy acknowledged the language Hudson referred to within the contract and mentioned it was clear the park needed to shut down due to the state authorities mandate in response to the COVID-19 pandemic.

“Cedar Honest opened Cedar Level to season cross holders in July 2020, after the government-mandated shutdown was lifted. We conclude that Cedar Honest’s delay in opening its parks to season cross holders doesn’t, by itself, set up a declare for breach of contract or for unjust enrichment,” Kennedy wrote.
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