# Asbury Apartments v. Dayton Board of Zoning Appeals

> Ohio Supreme Court · January 15, 1997 · 77 Ohio St. 3d 1229

URL: https://www.frixlaw.com/law-library/cases/6774753

## Case

- **Full name:** Asbury Apartments, Joint Venture RPS Management v. Dayton Board of Zoning Appeals
- **Court:** Ohio Supreme Court
- **Decided:** January 15, 1997
- **Citations:** 77 Ohio St. 3d 1229
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Cook, Douglas, Moyer, Pfeifer, Resnick, Stratton, Sweeney
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6774753

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6774753. Public record. Not legal advice.