Home/Ohio Supreme Court/Asbury Apartments v. Dayton Board of Zoning Appeals

Asbury Apartments v. Dayton Board of Zoning Appeals

77 Ohio St. 3d 1229
CourtOhio Supreme Court
DecidedJanuary 15, 1997
DocketNo. 95-2495
StatusPublished
Cited by7 cases

This text of 77 Ohio St. 3d 1229 (Asbury Apartments v. Dayton Board of Zoning Appeals) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Asbury Apartments v. Dayton Board of Zoning Appeals, 77 Ohio St. 3d 1229 (Ohio 1997).

Opinion

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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Cite This Page — Counsel Stack

Bluebook (online)
77 Ohio St. 3d 1229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/asbury-apartments-v-dayton-board-of-zoning-appeals-ohio-1997.