State ex rel. Schindel v. Rowe
Cases that cite this one
6 later published cases cite this decision.
- State ex rel. Bailey v. Industrial Commission (Ohio 1991)
- State ex rel. Dynamic Industries, Inc. v. Cincinnati (Slip Opinion) (Ohio 2016)
- State ex rel. Reeves v. Industrial Commission (Ohio 1990)
- State ex rel. Cotterman v. St. Marys Foundry (Ohio 1989)
- State Ex Rel. Iris Sales Co. v. Voinovich (Ohio Ct. App. 1975)
- Kaufman v. Village of Newburgh Heights (Ohio 1971)
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
Relator contends that his application for a permit was denied by respondent for the reason that the Kettering ordinance, supra, zoned his property “residential” without notice and that by virtue of such legislative action he was prohibited from taking an effective administrative appeal.
Relator made no application for a variance before filing this action. Because he did not exhaust the administrative remedies available to him, mandamus is not available.
R. C. 519.18 provides that upon annexation of township territory to an existing municipal corporation, the zoning regulations then in effect remain in full force until the legislative authority of the city adopts either the existing zoning regulations or new regulations. At no time, either before or after annexation, was the classification of relator’s land modified from “R-l.”
Further, relator has failed to show that the chief building inspector is under a clear legal duty to issue the building permit.
The judgment of the Court of Appeals, denying the writ of mandamus, is affirmed.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.