Taylor v. State, Department of Rehabilitation & Correction

Defendant and third-party plaintiff, state of Ohio, 1 appeals from a decision of the Ohio Court of Claims and raises the following assignments of error:

“I. The court below erred in requiring defendant to apply for a zoning variance where the applicable zoning code does not permit such a variance to be granted. Brownfield v. State, 63 Ohio St. 2d 282 (1980) does not require the performance of a vain act.

“II. The court below erred in holding H.B. 580 not to be a general law.

“HI. The court below erred in dismissing the third party complaint against the city of Cleveland on the basis of lack of…