COLUMBUS (WJW) — The state’s high court has ruled against a person seeking a season pass refund from Cedar Point, which was shut down early in the pandemic.

The Ohio Supreme Court on Wednesday decided an Erie County court was correct to dismiss a lawsuit filed against Cedar Point’s owner seeking reimbursement for a season pass that was unusable during Ohio’s COVID-19 shutdown in early 2020.

A lawsuit alleging breach of contract and unjust enrichment was filed against park owner Cedar Fair by season pass-holder Laura Valentine to recover the money she spent, since the opening of the park was delayed due to the COVID-19 pandemic shutdown across Ohio.

An Erie County court threw out her case for failing to bring a proper claim for relief. But that decision was reversed by the Sixth District appellate court in Lucas County, which found the terms of the Gold Pass she bought to be ambiguous.

The state’s high court on Wednesday ruled that although the pass allows access to “all open rides … shows and attractions on any regularly-scheduled operating day of the season,” Cedar Point keeps the right to change its operating dates without notice and to close the park “for weather and other conditions.”

The state government, in March 2020, ordered a shutdown of all non-essential businesses, including amusement parks, in response to the COVID-19 pandemic. Cedar Point eventually reopened in July 2020, after the shutdown was lifted.

“We conclude that Cedar Fair’s delay in opening its parks to season-pass holders does not, by itself, establish a claim for breach of contract or for unjust enrichment,” reads the opinion penned by Justice Sharon Kennedy.

FOX 8 reached out to Cedar Fair for a response:

“We are pleased with the decision by the Ohio Supreme Court, but due to the fact that there remains pending litigation on this same very issue in federal court, Cedar Fair will not offer any additional comment at this time.”

Cedar Fair spokesperson Gary Rhodes