COLUMBUS, Ohio - The Supreme Court of Ohio has ruled that Ohio's 10th District Court of Appeals must reconsider an Ohio State University student's lawsuit seeking a refund for the closure of campus during the COVID-19 pandemic.

The Supreme Court voted 4-3 in favor of this decision. Now, the appeals court must determine if OSU is entitled to "discretionary immunity" for its decision to close campus in the middle of the Spring 2020 semester while still retaining fees paid for the time of closure.

The university appealed an Ohio Court of Claims ruling that found the students could proceed as a class to seek refunds arguing that it was entitled to discretionary immunity and that the Court of Claims could not consider the lawsuit.

The 10th District ruled that the Court of Claims could consider the lawsuit and refused to decide whether or not OSU was entitled to discretionary immunity because the issue had not been considered by the Court of Claims first.

Chief Justice Sharon Kennedy explained that discretionary immunity does bar the Court of Claims from considering a lawsuit and that the 10th District should be the court to consider whether the students have the right to sue the university.

A dissenting opinion from Justice Jennifer Brunner stated that the case should return to the Court of Claims, who should consider the university's discretionary immunity claim. 

Brunner stated that the majority decision might lead to unnecessary delays in this case and future cases against governmental agencies.