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Ohio Revised Code Chapter 2506 - Judicial Review Of Administrative Rulings, Marshall J. Wolf, Donald M. Robiner Jan 1973

Ohio Revised Code Chapter 2506 - Judicial Review Of Administrative Rulings, Marshall J. Wolf, Donald M. Robiner

Cleveland State Law Review

Persons adversely affected by a decision of any officer, board, commission or other division of the great number of political subdivisions of the State usually encounter difficulty in appealing such decision. This fact has long troubled the judiciary of Ohio. Thus, adoption in 1957 of Chapter 2506 of the Ohio Revised Code- Appeals From Orders of Administrative Officers and Agencies was immediately welcomed by the courts as providing assistance to those citizens who found themselves adverse to, and totally at the mercy of, their government. Although Ohio Revised Code, Chapter 2506, radically changed the procedure with respect to appeals from …


Judicial Review Of Zoning Adminstration, Richard A. Pelletier Jan 1973

Judicial Review Of Zoning Adminstration, Richard A. Pelletier

Cleveland State Law Review

This discussion will focus on the role of the courts in zoning administration judicial review. More specifically, the limitations of that role, as it is now employed, will be examined with a suggested alternative. However, beforye a meaningful explanation of that topic can be undertaken it is necessary to provide a brief description of the zoning procedure before judicial review is summoned into the fray. For this reason, the initial portion of this comment is devoted to a general discussion of the source of the municipality's authority to promulgate zoning ordinances, and the makeup and function of the local zoning …


A Survey Of The Ohio Administrative Procedures Act, Glenn R. Jones Jan 1973

A Survey Of The Ohio Administrative Procedures Act, Glenn R. Jones

Cleveland State Law Review

The recent expansion of the use of administrative agencies to facilitate the functioning of the various levels of governmental operations has created a correspondingly complex morass of procedural law. Administrative procedure being the creation of administrative law, a definition of the latter is necessary for an understanding of the former. This area of law has been demarcated by "the provisions of statutes conferring rule making and adjudicatory powers upon organizations in government outside the judicial branch and orders entered by these agencies pursuant to such powers."' It should be noted, however, that this definition, like other brief definitions of broad …


Judicial Review For Ohio's Civil Servants, Donald Applestein Jan 1973

Judicial Review For Ohio's Civil Servants, Donald Applestein

Cleveland State Law Review

With the proliferation of administrative agencies, numerous problems are naturally encountered. In spite of the tendency toward problems, one would hope that in establishing these agencies, the legislature whether it be on the local, state, or federal level would do its utmost to insure uniformity within a given area. A review of sections 119.12, 143.27, and 2506 of the Ohio Revised Code and the relevant case law, however, reveals the Ohio legislature's failure to insure that uniformity.


A Survey Of Principal Procedural Elements Among State Administrative Procedures Acts, Nancy J. Balzer, Michael S. Goldstein, David S. King, William H. Rider Jr. Jan 1973

A Survey Of Principal Procedural Elements Among State Administrative Procedures Acts, Nancy J. Balzer, Michael S. Goldstein, David S. King, William H. Rider Jr.

Cleveland State Law Review

The area of state administrative law, relatively contemporary in origin, has undergone tremendous expansion and now encompasses a considerable body of common law as well as statutory enactments. As Mr. Justice Jackson has said, "The rise of administrative agencies has probably been the most significant legal trend of the last century." Concurrent with the rise in the number of agencies has been the recent enactments of, and amendments to, state administrative procedure acts. In view of the increasing amount of case law and commentary in the field of administrative law, this note confines itself to a survey of several of …