Ohio Supreme Court, 1965

State ex rel. Foreman v. City Council of Bellefontaine

Ohio Supreme Court · Decided March 10, 1965 · Bbown, Heebeet, Matthias, Neill, Schneidee, Taft, Zimmebman

1 Ohio St. 2d 132; 205 N.E.2d 398; 30 Ohio Op. 2d 485; 1965 Ohio LEXIS 580

Cases that cite this one

7 later published cases cite this decision.

State ex rel. Cotterman v. St. Marys Foundry (Ohio 1989)
Driscoll v. Austintown Associates (Ohio 1975)
Van Curen v. Village of Mayfield (Ohio Ct. App. 1974)
Kaufman v. Village of Newburgh Heights (Ohio 1971)
Burt Realty Corp. v. City of Columbus (Ohio 1970)
Cook-Johnson Realty Co. v. Bertolini (Ohio 1968)
State Ex Rel. Humble Oil & Refining Co. v. City of Marion (Ohio Ct. App. 1965)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

An examination of the amended petition shows that nowhere therein, either in the first or second cause of action, does appellant allege that he exhausted or attempted to exhaust his administrative remedies by appeal to the Board of Zoning Appeals. The exhaustion of administrative remedies is a condition precedent which must be fulfilled before one may resort to the courts to compel the issuance of a permit for a nonconforming use under a zoning ordinance or before the constitutionality of the ordinance may be attacked. State, ex rel. Lieux, v. City of Westlake, 154 Ohio St. 412, 96 N. E. 2d 414.

Judgment affirmed.

Taft, C. J., Zimmebman, Matthias, O’Neill, Heebeet, Schneidee and Bbown, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.