Ohio Supreme Court, 1997

Asbury Apartments v. Dayton Board of Zoning Appeals

Ohio Supreme Court · Decided January 15, 1997 · Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney

77 Ohio St. 3d 1229

Cases that cite this one

5 later published cases cite this decision.

Cincinnati v. Fourth Natl. Realty, L.L.C. (Slip Opinion) (Ohio 2020)
Lemble v. Belknap, Unpublished Decision (9-30-1999) (Ohio Ct. App. 1999)
Osborne v. City of Mentor (Ohio Ct. App. 1999)
Leisure v. State Farm Auto. Ins. Co., Unpublished Decision (8-31-1998) (Ohio Ct. App. 1998)
Leisure v. State Farm Auto. Ins. Co., Unpublished Decision (10-26-1998) (Ohio Ct. App. 1998)

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

Appellee challenged the constitutionality of Dayton Revised Code of General Ordinances 150.128(E), but failed to serve the Attorney General pursuant to R.C. 2721.12. When a statute or municipal ordinance is challenged in a declaratory judgment action, the failure to serve the Attorney General is a jurisdictional defect that can be raised at any time; therefore, because the courts below lacked jurisdiction, we vacate the judgments of the trial court and the court of appeals, and we dismiss this appeal.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Stratton, JJ., concur.

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