Hills Dales v. Dept. of Edn., 06ap-1249 (9-28-2007)

{¶ 26} I respectfully dissent.

{¶ 27} The trial court construed R.C. 119.12 to mean that the Village had no standing to appeal from the Board's order, and I agree. The Village was interested in the proceedings, but it was not a "party" to the proceedings and had no standing to appeal.

{¶ 28} The court's conclusion as to the Village's standing, however, did not determine whether the notice of appeal was sufficient to invoke jurisdiction in the first instance. Once appellees moved to dismiss the notice of appeal for lack of standing and other defects, counsel for the Village readily acknowledged…