G.S.T. v. City of Avon Lake

The primary issue presented by this cause is whether the Court of Common Pleas should have entertained appellant’s declaratory judgment action even though Q-.S.T. had not applied for a building permit.

When, as in this cause, the alternative remedies available to the landowner are administrative, two further questions must be asked: (1) whether the existence of an alternative remedy bars declaratory relief; and (2) whether the landowner must exhaust his administrative remedies before initiating a declaratory judgment action.1

R. C. 2721.03 malms declaratory judgment actions available to…