Ohio Supreme Court, 1997

Asbury Apartments v. Dayton Board of Zoning Appeals

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

Asbury Apartments v. Dayton Board of Zoning Appeals

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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