State ex rel. Hillside Park Estates, Inc. v. Cotner

There is no mandatory duty specially enjoined by law npon the respondent as clerk of the city council of Cleveland to issue a certificate as requested by relators.

Section 711.09, Revised Code, upon which relators rely, provides in part:

“Whenever a city planning commission adopts a plan for the major streets * # * of a city or any part thereof * * * no plat of a subdivision within such city * * * shall be recorded until it has been approved by the city planning commission and such approval indorsed in writing on the plat. * * *

“Whenever a village planning commission * * * or * * * the legislative authority of a village, adopts a plan for the major streets * * * of such village or any part thereof, then no plat of a subdivision of land within such village shall be recorded until it has been approved by the village * * * legislative authority and such approval indorsed in writing on the plat.

“The approval of # * * the legislative authority of a village, required by this section, or the refusal to approve, shall be endorsed on the plat # * * and the certificate of * * * the clerk of such legislative authority * * * shall be issued on demand * * V’ (Italics supplied.)

By the express terms of the statute above quoted, the duty to issue a certificate such as is sought by the relators herein devolves upon the clerk of a legislative authority of a village, but not of a city. The judgment of the Court of Appeals is reversed.

Judgment reversed.