Asbury Apts. v. Dayton Bd. of Zoning Appeals, 1997 Ohio 272

APPEAL from the Court of Appeals for Montgomery County, No. 15109.

Gary L. Froelich, for appellee.

J. Anthony Sawyer, Director of Law, and Steven R. Milby, Senior City Attorney, for appellants Dayton Board of Zoning Appeals and city of Dayton.

{¶ 1} 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.

Case Details

Case Name: Asbury Apts. v. Dayton Bd. of Zoning Appeals

Court Name: Ohio Supreme Court

Date Published: Jan 15, 1997

Citations: 1997 Ohio 272; 77 Ohio St. 3d 1229; 1995-2495

Docket Number: 1995-2495

Court Abbreviation: Ohio