FAM 13375, Inc. v. Brook Park

Citations

• 2025 Ohio 4667

Syllabus

Declaratory judgment; facial constitutional challenge to municipal ordinance; home rule amendment; dismissal of claims. Plaintiff was denied an occupancy permit for a retail store based on a municipal zoning ordinance. In addition to filing an administrative appeal, plaintiff filed this declaratory-judgment action alleging that the zoning ordinance was unconstitutional on its face because it conflicted with a state statute. Plaintiff also requested that the court use the declaratory-judgment action to declare that plaintiff succeeded on the merits of the case. The court declared the ordinance constitutional in that it did not conflict with the statute and, at the same time, dismissed the entire case. We affirm the declaration that the ordinance is constitutional in this regard. We also affirm the dismissal of all other claims because the merits of the zoning issue were subject to the Administrative Appeal. The portion of the journal entry ruling on the merits of the zoning issue are vacated.