Welsh Development Co. v. Warren County Regional Planning Commission
128 Ohio St. 3d 471
| Ohio | 2011Background
- Welsh Development Co. and property owners sought review of Warren County Regional Planning Comm. decisions denying Phase I and approving Phase II subject to conditions.
- They filed complaints and notices of appeal in the Warren County Court of Common Pleas with a praecipe for the clerk to serve the agency by certified mail; service occurred within 30 days after final orders.
- WCRPC challenged exhaustion and argued failure to file notices of appeal with the agency under R.C. 2505.04, leading to dismissal in the trial court and on appeal.
- Twelfth District rejected the broad Dudukovich-based approach, holding that service by the clerk of courts is not the equivalent of filing with the agency for purposes of R.C. 2505.04.
- The Supreme Court granted discretionary review due to conflict with other districts and held that filing occurs when the clerk serves the agency with a copy of the notice of appeal and the agency receives it within 30 days, thereby perfecting the appeal.
- The Court clarified the distinction between filing and service, emphasizing the clerk’s role as a delivery conduit and that timely notice to the agency satisfies R.C. 2505.04.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether clerk service of a copy of the notice of appeal to the agency satisfies R.C. 2505.04 if the agency receives it within 30 days. | Welsh argues for broad Dudukovich interpretation: service to agency counts as filing if timely. | WCRPC argues filing must be actual delivery to the agency; clerk service does not satisfy 2505.04. | Yes; administrative appeal perfected if agency receives within 30 days. |
Key Cases Cited
- Dudukovich v. Lorain Metro. Hous. Auth., 58 Ohio St.2d 202 (Ohio 1979) (addresses timing and delivery for filing an administrative appeal)
- Fulton v. State ex rel. Gen. Motors Corp., 130 Ohio St. 494 (1936) (definition of filing requires actual delivery)
- Zanesville v. Rouse, 126 Ohio St.3d 1 (2010) (filing via delivery to court; clerk certification after receipt not required for filing)
- McCruter v. Bureau of Employment Services Bd. of Review, 64 Ohio St.2d 277 (1980) (statutory appeal mechanics governed by cardinal rules; follow statute precisely)