holding that without a transcript before it, the court of common pleas had no authority to proceed at all under R.C. 2505.06
How later courts described this case
- holding that without a transcript before it, the court of common pleas had no authority to proceed at all under R.C. 2505.06
- "remedy for an inadequate transcript is to file a R.C. 2506.03 (A
- “the mere filing of an affidavit does not automatically * * * compel the Court of Common Pleas to take additional evidence unless the record will support some one of the deficiencies enumerated in the statute”
Written by the judges who cited it.
The opinion
Bryant, J.,
dissenting. I must respectfully dissent from the majority opinion. As I see it, the rejections of the application for rezoning by the township zoning authorities and the rejection by the township trustees represent a gross abuse of discretion, were arbitrary and high-handed, and the court below was correct in striking them down.
Duffey, P. J., Duffy and Bryant, JJ., of the Tenth Appellate District, sitting by designation in the Second Appellate District.