Sterling Drug, Inc. v. Wickham

In Burger Brewing Co. v. Liquor Control Comm. (1973), 34 Ohio St. 2d 93, this court held that preenforcement review of an agency rule under now repealed R. C. 119.11 was precluded, but that the validity of the rule could properly be adjudicated by a court, in the exercise of its sound discretion, under the Declaratory Judgment Act if a justiciable controversy existed between adverse parties and speedy relief was necessary to the preservation of rights which might otherwise be impaired or lost.2

*19After remand to the appellate court in Burger, the declaratory judgment issued was subsequently…