Burt Realty Corp. v. City of Columbus

Agreeing, as we do, with the Court of Appeals, that an administrative remedy was available to Burt Realty from the refusal of the building permit by *267way of appeal to the Columbus Board of Zoning Appeals, the gateway question is whether that remedy was equally as serviceable as an action for declaratory judgment under R. C. 2721.01 et seq. Radaszewski v. Keating, 141 Ohio St. 489; Schaefer v. First National Bank, 134 Ohio St. 511.

It was stipulated that the single ground for Columbus’ position against granting a building permit was, and continues to be, the nonconformity of the buildings, when…