Opinion

City of Louisville v. Board of Commrs., Unpublished Decision (6-17-2002)

Court
Ohio Court of Appeals
Filed
Jun 17, 2002
Status
Unpublished
On the bench
<italic>GWIN, J</italic>.
Cited by
0 cases
Authority
More cited than 43.4%

The opinion

I respectfully dissent from the majority opinion.

I find the majority's reliance on Midwest Fireworks Manufacturing Company, Inc. v. Deerfield Township Board of Zoning Appeals (2001), 91 Ohio St.3d 174 , misplaced. The statute under review therein, R.C. 519.15 , allowed "any person aggrieved" by an administrative officer's zoning decision to appeal to the township board of zoning appeals. While the City of Louisville may not have been an "aggrieved" party suffering immediate, pecuniary harm in the street vacation, the city is "interested" in the Board of County Commissioners' order. Unlike R.C. 519.15 , R.C. 5563.02 only requires the person, firm or corporation be interested, not aggrieved.

R.C. 5563.02 should be liberally construed to provide the "interested" party a remedy. When so doing, I conclude the City of Louisville's interest, albeit a future one, is sufficient to provide it standing to appeal.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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