Mobil Oil Corp. v. City of Rocky River

The basic question raised here concerns the proper formulation of the issue that is presented to a trial court in an appeal, pursuant to R. C. Chapter 2506, which challenges the constitutionality of a zoning ordinance as applied. Our decision in State, ex rel. Sibarco Corp., v. City of Berea (1966), 7 Ohio St. 2d 85, 218 N. E. 2d 428, made it clear that zoning restrictions may be constitutionally questioned by a landowner who appeals an adverse administrative decision to the Court of Common Pleas.. It is not fatal to such an appeal that the constitutional claim was not initially argued before…