Patrick Media Group, Inc. v. Cleveland Bd. of Zoning Appeals, 54436

• Decision Date: 17 October 1988
• Docket Number: No. 54436,54436
• Citation: 562 N.E.2d 921,55 Ohio App.3d 124
• Parties: PATRICK MEDIA GROUP, INC., Appellant, v. CLEVELAND BOARD OF ZONING APPEALS et al., Appellees.
• Court: Ohio Court of Appeals

Page 124

55 Ohio App.3d 124

562 N.E.2d 921

PATRICK MEDIA GROUP, INC., Appellant, v. CLEVELAND BOARD OF ZONING APPEALS et al., Appellees.

No. 54436.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Oct. 17, 1988.

Syllabus by the Court

An appeal from a city board of zoning appeals to a court of common pleas may be perfected only by filing a notice of appeal with the board itself. Service of the notice of appeal on the city's law director, the board's representative, is not sufficient to satisfy the jurisdictional requirements of R.C. 2505.04.

David B. Gallup and Matthew A. Zidar, Cleveland, for appellant.

Marilyn G. Zack, Law Director, and James P. Mancino, Cleveland, for appellees.

MARKUS, Judge.

The city's Board of Zoning Appeals denied the plaintiff advertiser's request for a variance. Thereafter, the advertiser attempted to appeal that ruling to the common pleas court. The common pleas court dismissed that appeal for lack of jurisdiction, ruling that the advertiser failed to perfect its appeal properly. On the advertiser's further appeal to this court, we affirm the trial court's order.

R.C. 2506.01 authorizes an appeal from the city zoning board to the common pleas court, in accordance with procedures established by R.C. Chapter 2505. Applicable provisions in Chapter 2505 include the following:

R.C. 2505.03:

"(A) * * * [W]hen provided by law, the final order of any administrative officer, agency, board, department, tribunal, commission, or other instrumentality may be reviewed on appeal by a court of common pleas * * *.

"(B) Unless, in the case of an administrative-related appeal, Chapter 119. or other sections of the Revised Code apply, such an appeal is governed by this chapter and, to the extent this chapter does not contain a relevant provision, the Rules of Appellate Procedure. When an administrative-related appeal is so governed, if it is necessary in applying the rules of Appellate Procedure to such an appeal, the administrative officer, agency, board, department, tribunal, commission, or other instrumentality shall be treated as if it were a trial court whose final order, judgment, or decree is the subject of an appeal to a court of appeals or as if it were a clerk of such a trial court."

R.C. 2505.04:

"An appeal is perfected when a written notice of appeal is filed, * * * in the case of an administrative-related appeal, with the administrative officer, agency, board, department, tribunal, commission, or other instrumentality involved * * *. After being perfected, an appeal shall not be dismissed without notice to the appellant, and no step required to be taken subsequent to the perfection of the appeal is jurisdictional."

R.C. 2505.07:

"After the entry of a final order of an administrative officer, agency, board, department, tribunal, commission, or other instrumentality, the period of time within which the appeal shall be perfected, unless otherwise provided by law, is thirty days."

Thus, the advertiser had to file his notice of appeal with the board of zoning appeals within thirty days after the order it challenged. In fact, the advertiser filed its notice of appeal with the common pleas court twenty-four days...