311 N.E.2d 873 | Ohio Ct. App. | 1974
Hydraulic Press Brick Company, hereafter referred to as appellant, operates a manufacturing business in Independence, Ohio. Stone Road is the only access route for truck traffic to the business. On July 10, 1973, the Council of Independence, hereafter referred to as appellee, enacted Section
On August 29, 1973, the appellant filed a complaint for declaratory judgment and an injunction alleging that Section
The appellants appeal from this decision and assign one error:
"The Court Erroneously Dismissed the Suit for Lack of Necessary Parties Because Ohio Revised Code §
This assignment of error lacks merit. We affirm.
In addition, rule compliance puts the Attorney General in receipt of a copy of the complaint in time for him to determine whether the "State's interests should be represented in such proceedings", cf. Watson v. Claughton (S. Ct. Fla., 1958),
It has been argued that the Attorney General waived his right to time sufficient to allow a reasoned determination of the question of the State's interest and an appropriate response when he did not move for a continuance. This argument founders on a realistic assessment of the procedural facts in this case. When the Attorney General joined a successful motion to dismiss there was no occasion to ask for a continuance. Had that motion lost, the time to move for a continuance would have come. Of course, it never did.
The assignment of error is not well taken.
Judgment affirmed.
SILBERT, P. J., and JACKSON, J. concur.