Voss v. Franklin Cty. Bd. of Zoning Appeals, 08ap-531 (12-30-2008)
Voss v. Franklin Cty. Bd. of Zoning Appeals, 08ap-531 (12-30-2008)
Opinion of the Court
OPINION
{¶ 1} Appellants, Keith Voss, Stanley Eakin, Marjorie Eakin, Richard Wills, Kathy Wills, Tom Fancher, Diana Fancher, Donald Hinton, and Barbara Eakin (collectively *Page 2 "appellants") are a group of residents in Orient, Ohio who own property adjacent to 6901 and 6903 Harrisburg Pike ("the property"). Appellants filed this appeal from a judgment by the Franklin County Court of Common Pleas dismissing an appeal of a decision by appellee, Franklin County Board of Zoning Appeals ("appellee"), that granted a conditional use application for the property.{¶ 2} Appellee granted the conditional use application for the property at its meeting on August 20, 2007. On September 19, 2007, appellants filed an appeal of this decision with the Franklin County Court of Common Pleas. Appellants did not file a notice of appeal with appellee. Appellants argue that the clerk of the court of common pleas served the appeal on appellee via certified mail.
{¶ 3} Appellee filed a brief in accordance with the court's case scheduling order, arguing that the appeal should be denied because appellants failed to perfect their appeal in accordance with R.C.
{¶ 4} Appellants filed this appeal, alleging as the sole assignment of error essentially that the trial court erred in dismissing their administrative appeal. For the reasons that follow, we affirm the trial court's judgment.
{¶ 5} R.C.
{¶ 6} In this case, nothing in the record establishes that appellants perfected their appeal of appellee's decision by filing the notice of appeal with appellee. Appellants argue that appellee was adequately placed on notice of the appeal when the clerk of courts served appellee with the notice after its filing with the clerk. However, this method of providing notice to the administrative agency was not sufficient to perfect the appeal, and, therefore, was not sufficient to vest the trial court with jurisdiction to consider the appeal. Guysinger. We are not unsympathetic to appellants in their attempt to prosecute *Page 4
this action without the assistance of legal counsel. However, pro se litigants are held to the same rules, procedures, and standards as litigants who are represented by counsel, and must accept the results of their own mistakes and errors. Atkins v. Ohio Dept. of Job FamilyServs., Franklin App. No. 08AP-182,
{¶ 7} Therefore, the trial court did not err in dismissing appellants' administrative appeal for lack of jurisdiction. Accordingly, we overrule appellants' assignment of error and affirm the judgment of the Franklin County Court of Common Pleas.
Judgment affirmed.
McGRATH, P.J., and KLINE, J., concur.
KLINE, J., of the Fourth Appellate District, sitting by assignment of the Tenth Appellate District. *Page 1
Reference
- Full Case Name
- Keith Voss, Appellants-Appellants v. Franklin County Board of Zoning Appeals, Appellees-Appellees.
- Cited By
- 2 cases
- Status
- Published