State ex rel. Gund Co. v. Village of Solon, 36464
| Decision Date | 23 November 1960 |
| Docket Number | No. 36464,36464 |
| Citation | 170 N.E.2d 487,171 Ohio St. 318 |
| Parties | , 13 O.O.2d 444 STATE ex rel. GUND O. v. VILLAGE OF SOLON et al. |
| Court | Ohio Supreme Court |
Frank V. Opaskar and Joseph M. Carmosino, Cleveland, for relator.
Walter & Haverfield and Loyal V. Buescher, Cleveland, for respondents.
Chapter 2506, Revised Code, provides a remedy by judicial review of final orders of administrative boards of municipalities. Relator had an adequate remedy at law by way of appeal to test the claimed invalidity of the zoning ordinance.
The demurrer to the petition is sustained and, it being agreed that such a ruling on the demurrer would be dispositive of the case, the writ of mandamus is denied.
Writ denied.
WEYGANDT, C. J., concurs on the additional important ground that the relator did not file a notice of appeal with the Zoning Board of Appeals or otherwise comply with the provisions of Chapter 2506, Revised Code, providing for appeals from orders of administrative officers and agencies.
Under the provisions of Section 2731.05, Revised Code, 'the writ of mandamus must not be issued when there is a plain and adequate remedy in the ordinary course of the law.'
To continue reading
Request your trial
-
State ex rel. Thomas v. Ludewig
...if such administrative remedies might enable such applicant to secure the permit.' (Italics supplied.) In State ex rel. Gund Co. v. Village of Solon, 171 Ohio St. 318, 170 N.E.2d 487, the Supreme Court sustained a demurrer to the petition seeking the issuance of a building permit for the er......
-
Standard Oil Co. v. City of Warrensville Heights
...104; State, ex rel. Fredrix, v. Village of Beachwood (1960), 171 Ohio St. 343, 170 N.E.2d 847; State, ex rel. The Gund Co., v. Village of Solon (1960), 171 Ohio St. 318, 170 N.E.2d 487; State, ex rel. Lieux, v. Village of Westlake (1951), 154 Ohio St. 412, 96 N.E.2d State, ex rel. Sibarco C......
-
SMC, Inc. v. Laudi
...N.E.2d 428; State ex rel. Fredrix v. Village of Beachwood (1960), 171 Ohio St. 343, 170 N.E.2d 847; State ex rel. Gund Company v. Village of Solon (1960), 171 Ohio St. 318, 170 N.E.2d 487. The jurisdictional issue was solidly raised before this court in the case of Shaker Coventry Corp. v. ......
-
State ex rel. River Grove Park, Inc. v. City of Kettering
...258, 125 N.E.2d 355; State ex rel. Ricketts v. Balsly, Bldg. Insp., 171 Ohio St. 553, 173 N.E.2d 117; State ex rel. Gund Co., v. Village of Solon, 171 Ohio St. 318, 170 N.E.2d 487; State ex rel. Fredrix, v. Village of Beachwood, 17s Ohio St. 343, 170 N.E.2d 847; State ex rel. Iaus, v. Carlt......