Opinion
No. 38243
Decided July 10, 1963.
Courts — Powers — May not invade prerogatives of legislative branch of government — Appeal from administrative branch — Administrative Appeals Act (Chapter 2506, Revised Code) not applicable, when.
APPEAL from the Court of Appeals for Erie County.
The City Commission of the City of Sandusky, the legislative authority of that city, passed an ordinance to accept a petition of freeholders to annex certain territory to the city. Shortly thereafter the appellants, freeholders in the territory sought to be annexed, filed a notice of appeal from the action of the commission enacting such ordinance to the Court of Common Pleas under Chapter 2506, Revised Code, relating to appeals from orders of administrative officers and agencies.
The appellees herein filed a motion to dismiss the appeal "for the reasons that the matter is non-appealable * * * and the court has no jurisdiction in the matter."
The Court of Common Pleas sustained the motion.
The Court of Appeals, on appeal on questions of law, affirmed the judgment of the trial court.
The allowance of a motion to certify the record brings the cause to this court for review.
Messrs. True Meyer, for appellants.
Mr. John W. Lehrer, city solicitor, for appellees.
The city commission is a legislative body, and its action in passing the ordinance to accept the petition to annex territory to the city was a legislative action. The Administrative Appeals Act, Chapter 2506, Revised Code, providing for appeals from administrative officers, tribunals and commissions, is not applicable.
For this reason, the judgment of the Court of Appeals is affirmed.
Judgment affirmed.
TAFT, C.J., ZIMMERMAN, MATTHIAS, O'NEILL, GRIFFITH, HERBERT and GIBSON, JJ., concur.