Pandey v. Piqua Bd. of Zoning Appeals

Citations

• 2023 Ohio 1302

Syllabus

Appellant did not exhaust his administrative remedies before filing a complaint for an injunction. The trial court granted summary judgment in favor of appellees, finding that the court lacked subject matter jurisdiction on the matter of appellant's complaint for injunction, as appellant's failure to file an administrative appeal was fatal to his claim. Appellant argued that the right to effective assistance of counsel applied in a civil action related to an administrative determination, and thus the summary judgment granted by the trial court must be reversed. However, the Sixth Amendment right to effective assistance of counsel has not been extended beyond criminal and permanent custody proceedings and, thus, did not attach to appellant's civil action. Judgment affirmed.