Opinion
No. 38352
Decided April 22, 1964.
Courts — Powers — May not invade prerogatives of legislative branch of government — Appeal from administrative branch — Administrative Appeals Act (Chapter 2506, Revised Code) not applicable.
APPEAL from the Court of Appeals for Mahoning County.
The plaintiffs addressed a letter to the clerk of the city council of Struthers, requesting that a specified portion of the city be rezoned from "Residential A" to "Commercial A." The zoning commission recommended that the requested zone change be disallowed.
The city council, the legislative authority of the city, at a public hearing, refused to grant the requested zone change.
An appeal from the action of council was taken to the Common Pleas Court under authority of Chapter 2506, Revised Code, titled "Appeals from Orders of Administrative Officers and Agencies."
The Common Pleas Court found that the action of city council was arbitrary and unreasonable and reversed the action and decision of the council.
The Court of Appeals, on appeal, affirmed the judgment of the trial court.
The allowance of a motion to certify the record brings the cause to this court for review.
Mr. Lawrence J. Damore, for appellees.
Mr. Robert J. Kalafut and Theodore T. Macejko, city solicitors, for appellant.
The refusal of the city council, the legislative body of appellant, to grant the requested zone change was a legislative action. The Administrative Appeals Act (Chapter 2506, Revised Code), providing for appeals from actions of administrative officers, tribunals and commissions, does not permit appeals from acts of legislative bodies. Remy v. Kimes et al., City Commission of City of Sandusky, 175 Ohio St. 197.
The judgment of the Court of Appeals is reversed.
Judgment reversed.
TAFT, C.J., ZIMMERMAN, YOUNGER, O'NEILL, GRIFFITH, HERBERT and GIBSON, JJ., concur.
YOUNGER, J., of the Third Appellate District, sitting by designation in the place and stead of MATTHIAS, J.