Northern Woods Civic Ass'n v. City of Columbus Graphics Com'n, 86AP-523

• Decision Date: 09 December 1986
• Docket Number: No. 86AP-523,86AP-523
• Citation: 31 Ohio App.3d 46,31 OBR 62,508 N.E.2d 676
• Parties: , 31 O.B.R. 62 NORTHERN WOODS CIVIC ASSOCIATION et al., Appellants, v. CITY OF COLUMBUS GRAPHICS COMMISSION et al., Appellees.
• Court: Ohio Court of Appeals

Page 46

31 Ohio App.3d 46

508 N.E.2d 676, 31 O.B.R. 62

NORTHERN WOODS CIVIC ASSOCIATION et al., Appellants, v. CITY OF COLUMBUS GRAPHICS COMMISSION et al., Appellees.

No. 86AP-523.

Court of Appeals of Ohio, Tenth District, Franklin County.

Dec. 9, 1986.

Syllabus by the Court

A nonprofit corporation or unincorporated association has standing to maintain an action for declaratory judgment or injunction on behalf of its members where the members would otherwise have standing to sue, the interests sought to be protected are germaine to the purpose of the organization, and neither the claim asserted nor the relief requested necessarily requires participation of individual members in the case. However, representation by a nonprofit corporation or unincorporated association does not extend to the right of appeal afforded by R.C. Chapter 2506 since the right to appeal thereunder is conferred only upon the person directly affected by the administrative decision.

J. Patrick Thomas, Columbus, for appellants.

Ronald J. O'Brien, City Atty., and James D. Viets, Columbus, for appellee Columbus Graphics Com'n.

Lucas, Prendergast, Albright, Gibson & Newman, Robert E. Albright and Edward T. McClellan, Columbus, for appellee Loy Wilson.

WHITESIDE, Judge.

Appellants, Northern Woods Civic Association, Northgate Civic Association and Cooper Ridge Civic Association, appeal from a judgment of the Franklin County Court of Common Pleas dismissing their appeal from a decision of the city of Columbus Graphics Commission for lack of standing to appeal and raise a single assignment of error as follows:

"The court below erred in holding that Appellants did not have standing to appeal the decision of the Columbus Graphics Commission and in sustaining the Appellee's Motion to Dismiss."

Appellants Northern Woods and Northgate are nonprofit corporations, and appellant Cooper Ridge is an unincorporated association. They concede that none of them is directly adversely affected by the decision of the city of Columbus Graphics Commission. They contend that, since they were formed for the purpose of representing property owners and promoting civic betterment, they are entitled to appeal on behalf of their members who are directly affected by the decision of the city of Columbus Graphics Commission, being property owners whose property is adjacent to the site upon which the variance was granted for erection of a sign.

This court has previously held that a nonprofit corporation or unincorporated association has standing to maintain an action for declaratory judgment or injunction on behalf of its members where the members would otherwise have standing to sue, the interests sought to be protected are germane to the purpose of the organization, and neither the claim asserted nor the relief requested necessarily requires participation of individual members in the case. The issue before us is whether this representation by an association extends to the right of appeal afforded by R.C. Chapter 2506. We conclude that it does not.

In In re Appeal of Bass Lake Community, Inc. (1983), 5 Ohio St.3d 141, at 144, 5 OBR 273, at 275, 449 N.E.2d 771, at 774, the Supreme Court stated as follows:

" * * * R.C. Chapter 2506 provides a right of appeal for those whose legal rights have been adjudicated by an action of an administrative board. * * * However, R.C. 2506.01 expressly limits the availability of appeal to those whose rights, duties, privileges, benefits or legal relationships have been determined by the decision. * * * "

The right to appeal...