Opinion
No. 69-197
Decided December 17, 1969.
Mandamus — Not available where adequate remedy by appeal — Court required to deny writ — Appeal from final order of administrative agency.
APPEAL from a judgment of the Court of Appeals for Butler County in an action originating in that court.
In connection with its application for a permit to construct a "mobile home trailer park" in the City of Fairfield, relator submitted plans for the same to respondents the City Planning Commission. Nine days after submission of the plans, the commission returned them to relator accompanied by a denial of the validity of the application written on behalf of the commission. This action followed.
Messrs. Holbrock Jonson and Mr. George N. Jonson, for appellant.
Mr. Robert F. Wessel, city solicitor, for appellees.
The written denial of the planning commission of the validity of the application for a building permit and its refusal to act on the same constituted the final act of respondents, the lawfulness of which was subject to review by appeal pursuant to Section 2506.01 et seq., Revised Code. Relator has failed to show or explain why that remedy was inadequate or unavailable.
The judgment of the Court of Appeals in denying the writ of mandamus is, therefore, affirmed on the authority of paragraph three of the syllabus of State, ex rel. Pressley, v. Indus. Comm., 11 Ohio St.2d 141.
Judgment affirmed.
TAFT, C.J., MATTHIAS, O'NEILL, SCHNEIDER, HERBERT, DUNCAN and CORRIGAN, JJ., concur.