Foods v. Cuyahoga County Board of Revision

Buckeye Foods, first, claims that Cleveland waived the standing issue by not raising it at the BOR, its first opportunity to challenge Buckeye Foods’ status. Cleveland replies that standing is jurisdictional and cannot be waived. We agree with Cleveland.

According to New Boston Coke Corp. v. Tyler (1987), 32 Ohio St.3d 216, 218, 513 N.E.2d 302, 305, “ * * * the issue of standing, inasmuch as it is jurisdictional in nature, may be raised at any time during the pendency of the proceedings. See United States v. Storer Broadcasting Co. (1956), 351 U.S. 192, 197 [76 S.Ct. 763, 767, 100 L.Ed. 1081,…