Opinion
No. 36765
Decided March 1, 1961.
Mandamus — Not available as substitute for appeal — Building permits — Refusal of county building inspector to issue — County zoning.
APPEAL from the Court of Appeals for Hamilton County.
This proceeding in mandamus originated in the Court of Appeals.
Relator acquired a tract of land in Columbia Township, Hamilton County, and constructed a trailer park on a portion thereof with accommodations for 60 trailers. Thereafter, the Board of County Commissioners of Hamilton County adopted a zoning resolution which classified relator's property as "B" residence, thereby making the existing use of such property nonconforming.
After the adoption of the zoning resolution, relator made application to the respondent, county building inspector, for a building permit and zoning certificate for further development of the remaining portion of his property for trailer-park use. The respondent refused to issue either the building permit or zoning certificate on the ground that the property was zoned for "B" residence and the proposed further development of the remaining portion of the tract for trailer park use would be unlawful.
No appeal was taken from the decision of the building inspector, but the relator brought the instant action in mandamus in the Court of Appeals seeking a writ to require respondent to issue the building permit and zoning certificate requested.
The Court of Appeals denied the writ.
An appeal as of right brings the cause to this court for review.
Messrs. Osborne, Chacksfield Osborne, for appellant.
Mr. C. Watson Hover, prosecuting attorney, and Mr. Raymond C. Wetherell, for appellee.
The relator was afforded an adequate remedy in the ordinary course of the law by way of injunction or by appealing from the decision of the county building inspector to the Board of Zoning Appeals (Section 303.15, Revised Code), and from the Board of Zoning Appeals to the Court of Common Pleas (Chapter 2506, Revised Code), which latter remedy he had in fact successfully pursued.
The judgment of the Court of Appeals denying the writ is affirmed. State, ex rel. Grant, Jr., Exr., v. Kiefaber et al., Montgomery County Planning Commission, 171 Ohio St. 326.
Judgment affirmed.
WEYGANDT, C.J., ZIMMERMAN, TAFT, MATTHIAS, BELL, HERBERT and O'NEILL, JJ., concur.