State ex rel. Schindel v. Rowe

Relator contends that his application for a permit was denied by respondent for the reason that the Kettering ordinance, supra, zoned his property “residential” without notice and that by virtue of such legislative action he was prohibited from taking an effective administrative appeal.

Relator made no application for a variance before filing this action. Because he did not exhaust the administrative remedies available to him, mandamus is not available.

R. C. 519.18 provides that upon annexation of township territory to an existing municipal corporation, the zoning regulations then in effect…