State ex rel. Cunagin Const. Corp. v. Creech

• Decision Date: 17 December 1969
• Docket Number: No. 69-197,69-197
• Citation: 20 Ohio St.2d 128,49 O.O.2d 447,254 N.E.2d 18
• Parties: , 49 O.O.2d 447 The STATE, ex rel. CUNAGIN CONSTRUCTION CORP., Appellant, v. CREECH, Mayor, et al., Appellees.
• Court: Ohio Supreme Court

Page 128

20 Ohio St.2d 128

254 N.E.2d 18, 49 O.O.2d 447

The STATE, ex rel. CUNAGIN CONSTRUCTION CORP., Appellant, v. CREECH, Mayor, et al., Appellees.

No. 69-197.

Supreme Court of Ohio.

Dec. 17, 1969.

In connection with its application for a permit to construct a 'mobile home trailer park' in the City of Fairfield, relator submitted plans for the same to respondents the City Planning Commission. Nine days after submission of the plans, the commission returned them to relator accompanied by a denial of the validity of the application written on behalf of the commission. This action followed.

Holbrock & Jonson and George N. Jonson, Hamilton, for appellant.

Robert F. Wessel, City Solicitor, for appellees.

PER CURIAM.

The written denial of the planning commission of the validity of the application for a building permit and its refusal to act on the same constituted the final act of respondents, the lawfulness of which was subject to review by appeal pursuant to Section 2506.01 et seq., Revised Code. Relator has failed to show or explain why that remedy was inadequate or unavailable.

The judgment of the Court of Appeals in denying the writ of mandamus is, therefore, affirmed on the authority of paragraph three of the syllabus of State ex rel. Pressley v. Indus. Comm., 11 Ohio St.2d 141, 228 N.E.2d 631.

Judgment affirmed.

TAFT, C. J., and MATTHIAS, C. WILLIAM O'NEILL, SCHNEIDER, HERBERT, DUNCAN and CORRIGAN, JJ., concur.