Legal Opinion · Concurring in part, dissenting in part

Welsh Development Co. v. Warren County Regional Planning Commission

Ohio Court of Appeals

Decided February 22, 2010No. CA2009-07-101Published

1Concurring in part, dissenting in partRingland, J.

{¶ 61} While I recognize that this district has followed this precedent since 1994, I believe this court’s decisions are an improper interpretation of R.C. 2505.04 and disregard clear Ohio Supreme Court precedent. Filing a notice of appeal with the court and service by the clerk of courts of a copy of the filed notice within the 30-day time limit constitutes a perfected appeal under R.C. 2505.04.

{¶ 62} This appellate district originally adopted the precedent followed by,the majority in the instant appeal in Ware v. Hamilton Civil Serv. Comm. (Aug. 29, 1994), Butler App. No. CA94-01-020, 1994…

2Cases cited25 opinions

  1. Pearson v. CallahanSupreme Court of the United States · 2009
  2. Payne v. TennesseeSupreme Court of the United States · 1991
  3. United States v. GaudinSupreme Court of the United States · 1995
  4. State v. KalishOhio Supreme Court · 2008
  5. Helvering v. HallockSupreme Court of the United States · 1940

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