Berg v. City of Struthers
| Citation | 176 Ohio St. 146,198 N.E.2d 48 |
| Decision Date | 22 April 1964 |
| Docket Number | No. 38352,38352 |
| Parties | , 27 O.O.2d 23 BERG et al., Appellees, v. CITY OF STRUTHERS, Appellant. |
| Court | Ohio Supreme Court |
Lawrence J. Damore, Youngstown, for appellees.
Robert J. Kalafut, City Sol., for appellant.
The refusal of the city council, the legislative body of appellant, to grant the requested zone change was a legislative action. The Administrative Appeals Act (Chapter 2506, Revised Code), providing for appeals from actions of administrative officers, tribunals and commissions, does not permit appeals from acts of legislative bodies. Remy v. Kimes et al., City Commission of City of Sandusky, 175 Ohio St. 197, 191 N.E.2d 837.
The judgment of the Court of Appeals is reversed.
Judgment reversed.
YOUNGER, J., of the Third Appellate District, sitting by designation in the place and stead of MATTHIAS, J.
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...or rezone, via the passage or amendment of a comprehensive zoning ordinance, is clearly a legislative function. Berg v. Struthers (1964), 176 Ohio St. 146, 198 N.E.2d 48; Tuber v. Perkins (1966), 6 Ohio St.2d 155, 216 N.E.2d 877; Donnelly v. Fairview Park (1968), 13 Ohio St.2d 1, 233 N.E.2d......
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...is clearly a legislative function. (41 Ohio St.2d at 189, 324 N.E.2d at 743) In that case also, the Court cited Berg v. Struthers, 176 Ohio St. 146, 198 N.E.2d 48 (1964); Tuber v. Perkins, 6 Ohio St.2d 155, 216 N.E.2d 877 (1966); Donnelly v. Fairview Park, 13 Ohio St.2d 1, 233 N.E.2d 500 Sk......
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