Donnelly v. City of Fairview Park

The question for decision is whether the action of a municipal council, in refusing or failing to approve the recommendation of a municipal planning commission as to a resubdivision of real estate which is authorized and sanctioned by a zoning ordinance, is legislative and nonappealable under Chapter 2506, Revised Code, or administrative and appealable under that Chapter.

The resubdivision of their land, as proposed by the Donnellys, accorded with Section 913.30 of the city’s zoning code and was approved by the planning commission in compliance with that section. Approval by the city council…