Opinion

Dudukovich v. Lorain Metropolitan Housing Authority

  • 58 Ohio St. 2d 202
  • 12 Ohio Op. 3d 198
  • 389 N.E.2d 1113
  • 1979 Ohio LEXIS 415
Court
Ohio Supreme Court
Filed
May 23, 1979
Status
Published
Author
Potter
On the bench
Brown, Celebrezze, First, Herbert, Holmes, Keeee, Keefe, Locher, Pottee, Potter, Sixth, Sweeney
Cited by
402 cases

asserting that a court may assume jurisdiction over an appeal upon finding the aggrieved party properly filed notice with the agency and the court within the prescribed time limitations

How later courts described this case

  • asserting that a court may assume jurisdiction over an appeal upon finding the aggrieved party properly filed notice with the agency and the court within the prescribed time limitations
  • noting that if a preponderance of reliable, probative, and substantial evidence exists, the common pleas court must affirm the administrative agency’s decision
  • stating that the term "filed" requires actual delivery
  • noting that R.C. 2506.03 “makes liberal provision for the introduction of new or additional evidence”

Written by the judges who cited it.

Distinguished

  • Distinguished by Welsh Development Co. v. Warren County Regional Planning Commission, 186 Ohio App. 3d 56 (2010)

    {¶ 27} The court in Genesis then stated that although it might appear “at first blush” that its decisions in Trickett and other similar cases conflict with Dudukovich and Genesis, the cases are factually distinguishable.
    Ohio Court of AppealsFeb 22, 2010Read it

The opinion

Potter, J.,

dissenting.

I respectfully dissent for the reasons expressed by Judge Mahoney in his dissenting opinion in the Court of Appeals, to wit:

“There is no right of appeal in this case. Mrs. Duduko-vich is employed by the Housing authority within the meaning of R. C. 3735.28. She serves at the pleasure of the Board. R. C. Chapter 2506.01 f.f. does not create a right of appeal for her. At best she could be considered a member of the classified civil service subject to what rights, if any, are created for her by R. C. Chapter 124.01. The judgment should be reversed and final judgment entered for the Board.”

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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